If the employer has not kept legally required time records for the resident manager employee, the burden of disproving the hours the resident manager claims to have worked falls on the employer!
Wage Order #5 also requires that the apartment owner or property management company maintain time records showing when the resident apartment manager begins and ends each work period! That means that they must develop a system for you as the resident apartment manager to report the number of hours you work each and every day,week,or two-week period.
Since it is not only extremely rare but extremely difficult for the owner or property management company to track the hours worked by the resident apartment manager, this is rarely done. The result is that the resident apartment manager need only produce sufficient evidence to show the number of hours they worked by what is referred to as “a matter of just and reasonable inference.” That means that the resident apartment manager may estimate the number of hours worked and will be considered to have met the “burden of proof.” It is then up to the apartment owner or property management company to disprove the hours that were worked. That is a formidable task for someone who was not present on the premises and has not kept the proper records of hours worked!