Like a lease agreement, it is important to confirm that the employee is responsible for paying for their services in the license agreement. The worker is also encouraged to take out tenant insurance, as the employer is not responsible for loss and damage to the employee`s personal belongings in the resident manager`s unit. Although resident managers generally bear the burden of proof of the hours of work they perform, the burden is shifted if the employer has not kept accurate records. Under California law, if the employer has not complied with the deadlines prescribed by law, then the burden is transferred to the worker for an estimate of the hours of work he performs in good faith. Hernandez v. Mendoza, 199 Cal. App.3d 721, 727 (1988). The arrangement was perfect until Sam`s death. Pam felt like she couldn`t manage the building on her own. Pam spoke to a long-time tenant, Joe, who worked from his home. Joe agreed to keep public spaces clean, select contractors and monitor their work, and handle rental calls between 9:00 p.m. .m and 7:00 a.m. .m.
Pam and Joe agreed that he would pay $500 a month in rent in exchange for Joe`s services. The agreement was never written. Pam and Joe didn`t talk about the number of hours worked and Joe never filed an hour bulletin. There are two common ways to pay managing employers: (1) using the value of the resident manager`s rent to pay their salary (also known as “rental credit”); or (2) offer reduced rent to the resident manager. In any case, the employer must always make a salary available to the resident manager. Therefore, it is strongly recommended that an owner require the manager to sign a resident manager agreement and a conditional license agreement for the use of the unit. The continuation of the resident manager`s time can be very complicated. The best method is to record all the time accomplished with the times when the worker started and stopped each task. This can result in multiple entries on a given day.
Some building owners try to streamline time records by recording the total time worked daily by the manager. For those who never work more than 5 hours a day, this is usually enough. Another common approach is to agree in writing that the work requires no more than 10 hours per week and, if the employee works more than that, they must submit time cards by next Monday. Editorial note: from 1 January 1, 2020, the maximum allowable rent charged to a manager who must live on site as a condition of employment is increased. The maximum amount of reduced rent, which can be deducted from the salary due to the manager, is also changing. Hiring, paying and firing employees is a complex topic, which is why we asked our friend and colleague Margaret Grover to break it down and create it in a real-world context. The main disadvantage of this approach is the creation of a lease. If the worker was a tenant before becoming a resident manager, he is entitled to the tenancy after the expiry of the employment relationship. However, a person hired as a resident manager and compensated with free rent only has an occupancy license. This may end and the employee may be expelled each time the employment relationship ends. If the new resident pays rent, even at a very low rate, he will probably be found as a tenant.
Careful design of the employment contract can increase the likelihood that the worker will voluntarily leave the building after the employment relationship has expired, even if she has paid rent. Documents are the key to defending labour law disputes. For building owners, the contract, working time scales and pay slips are the most important…