Q: MY spouse and I work at a residential care home. We are required to live at the facility so we can be available all the time to the residents. We work six days a week and have one day off. We occupy a single room inside the facility. We are together paid a flat rate of $2,500 per month ($1,250 for each). However, the employer deducts a total of $1,000 per month for board and lodging. Is it legal for our employer to do this?
A: An employer who requires its employees to live at the place of employment and occupy quarters owned or under the control of the employer may charge for rent and food. However, the employer cannot charge for rent and food in excess of the amounts mandated by law.
According to California law, an employer may charge the employee the following amounts for lodging:
Room occupied alone — $37.63 per week
Room shared — $31.06 per week
Apartment (single occupancy) – two-thirds (2/3) of the rental value but not more than — $451.89 per month
Apartment (couple) – two-thirds (2/3) of the rental value but not more than — $668.46 per month
Lodging means living accommodations available to the employee for full-time occupancy. Lodging should be adequate, decent, and sanitary according to usual and customary standards. Employees shall not be required to share a bed.
The employer may also charge its live-in employees for the costs of meals taken at the facility. The charge for meals must not be more than the following amounts:
Breakfast — $2.90
Lunch — $3.97
Dinner — $5.34
The maximum amount that an employer may charge for meals for the day is $12.21. A meal should be an adequate, well-balanced serving of a variety of wholesome, nutritious foods.
Meals evaluated, as part of the minimum wage, must be bona fide meals consistent with the employee’s work shift.
Meal and lodging shall not be credited against the minimum wage without a voluntary written agreement between the employer and the employee. When credit for meals or lodging is used to meet part of the employer’s minimum wage obligation, the amounts so credited may not be more than the above amounts. The employee may agree to have these amounts deducted from the employee’s paycheck for each pay period. Such deduction must be entered in the pay stub issued to the employee. Employees should not be deducted for meals they did not receive or for lodging they did not use.
In the question above, the employer deducts $1,000 per month from the couple. Since they occupy a room and not an apartment, each person ought to be charged $31.06 per week. Assuming a four-week month, each should be deducted $124.24 per person per month for lodging ($248.48 per month for both).
As for their meals, the employer can charge them up to $12.21 per day per person for meals if they take all their meals at the facility. Assuming they work six days a week on a four-week month (and do not take their meals at the facility on the seventh day), the employer may charge them both up to $586.08 for meals.
For both meal and lodging, the employer may charge the couple a total of $834.56 per month (or $417.28 per person). If the employer is deducting $1,000 per month from their paycheck for meal and lodging, they may have overpaid.
Given the facts in the inquiry above, a question might arise about whether they are paid correctly for all their hours worked. Based on their wages, the above employees do not seem to be receiving the legally mandated minimum wage of $8 per hour. And because they are live-in employees who may work more than 8 hours per day, they may also be entitled to overtime pay. It might be smart for this couple to seek experienced legal help if they wished to be paid correctly.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and big business. He is a member of the Million Dollar-Advocates Forum—a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the followaing areas: serious personal injuries, wrongful death, insurance claims, unfair business practices, wage and hour (overtime) litigation. You can visit his website at www.joesayas law.com or contact his office by telephone at (818) 291-0088.
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