EMPLOYEES WHO ARE REQUIRED TO RESIDE ON THE EMPLOYERS PREMISES

There are several types of employers who are required to reside on theiremployer’s premises. If these employees are governed by IWC WageOrder 5, the employee is entitled to overtime, however, the residentemployee has their own definition of “Hours Worked”

WHAT KIND OF BUSINESS DOES WAGE ORDER 5 APPLY TO:

Hospitals.
Apartment management.
Hotel Clerks.
Rest homes.
Convalescent hospitals.
Child care institutions.
Animal care services with overnight shelter or feeding.
Skilled nursing facilities.
Intermediate care and residential care facilities.
Convalescent care institutions.
Home health agencies.
Boarding houses.
Rooming houses.
Camps.
Private schools, colleges, or universities.

WHAT IS THE DEFINITION OF HOURS WORKED:

“…that time spent carrying out assigned duties.”

This means that employees who reside at the employer’s premises are only entitled to compensation for the time they are actually carrying out duties and not the entire time they spend at the premises.

Example:

Resident Apartment managers who reside at the premises are governed by IWC Wage Order 5 and are not entitled to wages for on – call hours during a 24 hour shift. Rather, they are only entitled to wages for the time they actually spent carrying out duties

Rules:

Apartment managers are required to reside on the premises if the apartment has 16 or more units. If the apartment does not have at least 16 units, the apartment manager is subject to the normal definition of “hours worked”

Compare:

Security guards who reside at the premises are governed by IWC Wage Order 4 and are entitled to wages for on – call hours during a 24 hour shift

Rules:

If the employee who resides on the premises and is a “healthcare” worker, under Wage Order 5, the definition of “hours worked” is “The time during which an employee is suffered or permitted to work for the employer, whether or not required to do so, as interpreted in accordance with the provisions of the [federal] Fair Labor Standards Act.”

CONTACT A LOS ANGELES UNPAID WAGES LAWYER

The Law Offices of Morris Nazarian provides representation to employees seeking the payment of overtime wages, minimum wages, missed meal and rest breaks, vacation wages, deductions from wages, severance pay, misclassification, independent contractor cases and other unpaid wages or commissions. We also handle harassment and discrimination claims.

If you have been denied overtime wages, contact a Los Angles labor law attorney to schedule a free consultation. Please contact Los Angeles wage and hour lawyer Morris Nazarian by calling (310)284-7333 to make an appointment for a free initial consultation or please fill out the Employment Law Case Evaluation Form and Los Angeles Employment lawyer Morris Nazarian will call or email you as soon as possible.

If the violation is company-wide, you and your co-workers may been titled to bring a class action lawsuit against the employer.

Call Us For A Free Case Review

EMPLOYEES WHO ARE REQUIRED TO RESIDE ON THE EMPLOYERS PREMISES

CONTACT A LOS ANGELES UNPAID WAGES LAWYER