California Resident apartment managers for 16+ unit buildings must be legally treated as non-exempt, hourly wage employees (i.e., not independent contractors).
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Landlords are prohibited from issuing a 1099 to the manager and must instead utilize the W-2 payment system.
Apartment managers
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must be paid on an hourly rate basis
(not flat salary); and
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are entitled to minimum hourly wages.
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The landlord must pay employer payroll taxes
on behalf of the apartment manager.
The landlord must also furnish the manager with pay stubs at the end of each pay period showing the gross pay, number of hours worked, deductions and all taxes.
In addition, ​resident managers for 16+ unit apartment buildings are entitled to reduced rent (capped in dollar amount) for their living quarters.
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The landlord is prohibited from charging full rental rate for the manager's unit.
The maximum monthly rent that can be charged ​to the manager is equal to 2/3rds of the ordinary rental value of the unit.
Even then, the maximum allowable rent is, in most instances, capped at:
$734.21 (as of 2021);
$790.67 (as of 2022); or
$847.12 (as of 2023 forward).
Download the Industrial Welfare Commission's Wage Order No. 5 to
learn more about the law.
If you are a resident manager of a California apartment building with 16 or more units please call Benjy Law Corporation for a free consultation with an experience labor and employment lawyer.
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We will analyze your case to determine whether you qualify for legal compensation against the landlord.
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We will conduct a free, thorough examination of your situation to determine:
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whether you have been misclassified as an independent contractor;
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whether there exists any wage and hour claims against the landlord;
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whether you are being properly reimbursed for work related expenses;
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whether you are being overcharged for the manager's quarters; and
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whether the landlord has violated the law by improperly crediting the rent against your hourly rate wages.
DON'T WAIT UNTIL IT'S TOO LATE
The statute of limitations for bringing a lawsuit against the landlord is typically 3 years.​
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Resident manager can sue the landlord for back wages and reach back 3 years to total up damages.
Bob Benjy, Esq.
Member of the California State Bar, in good standing since 2000.
AV Rated, Preeminent
Super Lawyer Selected
2018-2021
