California Wage Law for Resident Apartment Managers

California's Wage Order No. 5 and the Labor Code set the rules for how resident apartment managers must be paid. These articles explain the protections that matter most when an owner or management company has not paid you for every hour you worked.

Resident Apartment Managers are Entitled to Minimum Wage for Every Hour Worked on the Premises

The Labor Code of the State of California generally sets forth the time and manner of paying wages to employees, minimum wage requirements, and mandatory overtime pay. In addition to the provisions of the Labor Code, the Industrial Welfare Commission of the State of California has published 17 industry and occupation “Wage Orders” which further govern employment in the State of California, plus one general Minimum Wage Order that applies to all California employers and employees.

Don't Let the Owner Convince You That You Are an “Independent Contractor”

We regularly see apartment owners who convince their resident managers that the manager is not an employee but rather an independent contractor, so the wage laws do not apply. That is simply wrong. On April 30, 2018 the California Supreme Court addressed the question of just when the relationship can be considered one involving an independent contractor and the simple answer is, “Almost never!”

A Free Apartment May Not Be Used as Pay

A "free" apartment may not be used as a credit against the minimum wage requirement without a voluntarily entered into written agreement which provides for that credit.

Employer Has Burden of Proof

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!

Should I File a Claim with the Labor Commissioner?

Many managers consider going to the Labor Commissioner to collect unpaid wages instead of hiring a private attorney to collect those wages in civil court. The thinking is that they don’t have to pay an attorney to go to the Labor Commissioner. There is a flaw in that thinking:

Written Agreements are Limited

Even with a written agreement, voluntarily entered into, the wage order limits the amount of "credit" against the minimum wage obligation which may be taken.

You May Be Entitled to "Liquidated Damages"

In addition to being entitled to minimum wage ($16.90 an hour as of 2026, the same for every employer regardless of size) for every hour you worked, for every such hour we can demonstrate you were not paid those wages as required by law, you are entitled to recover what is known as “liquidated damages.”

Attorney's Fees are Paid by the Employer

The resident manager is also entitled to recover attorney's fees for having to pursue improperly withheld wages . . . even if their attorney was working on a contingency basis!