Legal Advice needed for possible unlawful labor practices

[darthbudge]

In order to understand better, I am first going to state my job. I work for an apartment complex, it is owned by a large company that operates properties internationally. I receive my apartment for free (a $546 value) plus a stipend of $150 a month in exchange for working 20 hours a week. In the past we would often work overtime (overtime meaning anything over 20 hours.) as needed and we would receive minimum wage for each hour worked. However, two weeks ago they told us that we would be working a 40+ hour week and would not be receiving any overtime because we were legally obligated to work 40 hours that week (move-in week) by our contracts. I read every thing that I have ever received by the company and in no way shape or form did it mention working 40 hour weeks and only get paid for 20. They repeatedly said that it was in our contract, but every time I requested that they show me where this was located, they would respond with some deflection and not show it to me. Finally enough people complained and they decided to give us comp hours for everything over 20 hours (which turned out to be a nightmare, they won't let us use over 5 hours in one week and we have to give them at least 7 days notice before using it.).

I was OK with the comp hours, but fast forward to today and they are requesting that we work hours late on Monday to do occupancy verification and are saying that we won't be receiving comp hours or overtime pay for these hours, again saying that it is in our contract (which they still won't show me.). I believe this to be illegal, however it gets a little complicated because we are not technically paid on an hourly basis but on a stipend. Does anyone have any more advice on this matter? I understand CAG is no substitute for actual legal advice, but I know there are several lawyers and people with legal backgrounds here and I would like to know more information before I act anymore.

 

[thegreek]

You look like Pedro from Napoleon Dynamite.

 

[Soodmeg]

Your situation makes very little sense to me. Are you saying that you work in exchange for living there or do you get a wage? This stipend seems to imply that you are suppose to exchange your service to be on call at the complex.

You get free housing all year that you admit is worth 546 a month x 12 which is 6552 a year.


I dont even understand what the problem is. 40 hrs a week is a normal work week for most people is it not (I wouldnt know I am a freelancer I work roughly 80hrs a week) so whats the problem? It would only make sense that some weeks will require more work than others (would you complain if they only needed you for 10 hrs one week?) if its not all the time then I dont see it as a problem.

Seems like just getting paid a salary would solve most of this. I would never accept an apartment as part of a deal for working for the person who owns it, a discount maybe but not for free. Although I think thats common with maintenance people. What if they fire you? You also have to leave your apartment.