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Legal • October 1, 2002

When is Your Resident Manager an Employee?

When is Your Resident Manager an Employee?


by Catherine Fabun, Renoir Staffing


      How can you exchange an apartment for service?  A person who works on your property, carrying out your instructions in an exchange of labor for service, is defined as an employee.  Employers must pay social security for employees whether they receive their compensation in the form of free rent for an apartment or a paycheck.


      According to the State of California Industrial Relations Divisions of Labor Standards, there are limits to the amount of compensation that can be given in the form of rent.  As of January 1, 2002, when calculating compensation, the calculated compensation value of the apartment cannot exceed two-thirds of the apartment market value, with a maximum of $381.20 for a single person or $563.90 for a married couple.


      In addition, the value of the apartment rent being exchanged for service plus monetary compensation must meet the minimum wage requirements.  For example, if the value of the rent is $1000 per month, the property owner may only count $381.20 towards compensation for a single person.  A person required to work 20 hours per week is assumed to work 86.67 hours per month.  The wages plus $381.20 (allowed rent value), divided by 86.67 hours, must meet the minimum wage requirement of $6.75 (this amount has changed)!


Reprinted courtesy Apartment Management Magazine


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