We have one employee, Can we pay rent/utilities in lieu of wages?

We (Board of Directors) own and operate a large camping/recreation facility in the mountains of North Calif. We have one contract employee who lives on site in an apartment that we pay the rent and utilities. Can we pay the rent & utilities in lieu of wages?

1 answer  |  asked Nov 20, 2012 5:20 PM [EST]  |  applies to California

Answers (1)

Elisa Ungerman
Under the California Wage Orders, if he/she is an employee, it is my understanding that you are mandated to pay the minimum wage of the state of California unless there is a voluntary written agreement with employee and employer, and then only a statutory amount may be considered for lodging and/or meals. The amount is capped for lodging and meals - utilities are not considered separately. You should have a qualified labor law attorney review your contract to make sure it complies with the law.

posted by Elisa Ungerman  |  Nov 20, 2012 5:55 PM [EST]

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