Aryeh Leichter, the Los Angeles employment law attorney at the Leichter Law Firm, APC, knows in California, whether residential apartment managers are entitled to overtime pay depends on various factors, including job duties, job title, and the terms of their employment agreements.

The critical consideration is whether they meet the legal criteria for exemption from overtime under California’s wage and hour laws. Here is what residential apartment managers need to know.

Overtime Pay

Does My California Residential Apartment Manager Position Make Me An Exempt or Non-Exempt Employee?

To qualify as exempt in California, an employee must meet specific criteria, which include being paid a salary that meets or exceeds the minimum salary threshold and primarily performing exempt job duties. Exempt employees are typically not entitled to overtime pay.

Exempt job duties may include managerial, administrative, or professional tasks that meet specific legal criteria. Some residential apartment managers may be exempt if they primarily perform managerial responsibilities and meet the salary threshold.

If residential apartment managers do not meet the legal criteria for exemption, they should receive overtime pay for any hours worked beyond the standard workweek or workday.

Although rent can be included in the compensation of employees serving as residential property managers in several ways, employers must at least pay minimum wages to residential apartment managers, even when these wages are being applied to the rental allowance.

In addition to the minimum wage, resident apartment managers should also receive:

  • Payment for hours worked that can be applied to rent owed as a rental credit.
  • Payment at least twice monthly when pay exceeds the rental credit.
  • Payment for all hours worked.
  • Overtime pay for working more than 8 hours in a single day.
  • Overtime pay for working more than 40 hours in a single week.
  • Overtime pay for working seven consecutive days during a single workweek.

Determining whether a residential apartment manager is exempt or non-exempt can be complex and requires an analysis of their specific job duties, responsibilities, and compensation structure.

Some factors that might impact this classification include:

  • The amount of time spent on managerial versus non-managerial tasks.
  • The level of independent decision-making and authority in the role.
  • The specific terms of their employment agreement.

Are You a California Residential Apartment Manager Who Has Questions About California’s Minimum Wage and Overtime Pay Requirements?

Employees who believe they are not being paid according to their exempt or non-exempt status should document their work hours, gather evidence, and contact Aryeh Leichter, the Leichter Law Firm, APC founder, and employment law attorney in Los Angeles County today to discuss the legal remedies that may be available for your unique workplace circumstances, starting with a free consultation by calling (818)-915-6624 or contacting the firm online.

free consultation

Fields marked with an * are required