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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117370
Experience:  20+ Years of Employment Law Experience
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There, My Name is **** ****. I am 20 years old and I was

Customer Question

HI there,
My Name is **** ****.
I am 20 years old and I was recently hired on as an onsite manager for a resort.
I am required to live on site and be on call after my 9 hour work days and on my days off, I have to be onsite and be on call after 4pm.
At this resort, it has 12 cabins, 11 are all individually owned and is an HOA so my bosses are the individual owners of the cabin and I live the one of the twelve cabins and I manager the grounds, the books, the reservations, the maintenance of the cabins and marketing.
With this job I have a few kinks that I do not feel are lawful and I would like to get some advice on.
One of things is, I am REQUIRED to live here, they tell me that it is part of my job to get up in the mornings and keep my curtains open in my cabin.. they say this is part of my job and I am going to get in trouble if I do not keep my curtains open.
The other thing, I work a lot more than 40 hours per week, but they pay me as if I work 40 hours per week.. I have a salary of $2500 per month, I do not pay rent or utilities such as power or water or Garbage, they say that them paying for my utilities is payment for me being on call 112 hours a week.
When they offered me my raise to the $2500, they took away additional pay I was getting for cleaning and when I asked them about this, I was told that if I didn't like it and I feel I can get better somewhere else then I should just go ahead and do that.
My family has been on payroll here since before I was manager and I was told that if I argue with them about anything then I should remember that they are not obligated to keep my family on payroll.. so I was basically threatened that if I say anything, they will fire 2 of my family members.
I would just really like to get some advice on career situation like the one that I am in so I can protect myself while working here, I feel like because of my age, I am being tugged around and forced to do whatever they want regardless of the law.
Thank you!
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
I apologize if that all sounded confusing.. if you need more detail, feel free to ask.. I just had the president of the board come in and demanded I open my curtains and that if I don't make it my routine there will be a big problem... so kind of panicked.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under Oregon and Federal law, a non-exempt employee is one who is paid a set salary and earns at least $23,600 per year (there is a proposed change for July 2016, but Congress has not yet approved the change which would raise that to $50,440 per year). So if you are earning the minimum exempt employee salary, the employer can make you work as a manager employee as many hours as necessary without overtime. The laws for exempt/salary employees were enacted to benefit the employer really, not the employee.
As far as your living expenses, since they pay for your accommodations, the cost of those accommodations are calculated into your salary, so your pay is actually more than $2500 a month.
The employer has a right to set the rules for your employment, so if they require you keep your curtains open during the day, they may legally do so. You still have privacy in private areas of the cabin, such as bedroom and bathroom and if the employer tries to take that away, then you have a claim for invasion of privacy against the employer.
You are in the type of employment I am afraid that is set up to benefit the employer, so you are going to have to come to either deal with the employer's conditions and pay or you have to consider looking for new employment, since the situation you describe is within the laws so the employer is not doing anything wrong here.
Customer: replied 1 year ago.
Okay, thank you!.. That is very helpful.
If the law goes through July of 2016, when would that go into place?.. when would they legally have to raise my pay?
What about them threatening to fire a family member that was hired prior to me being in a management position because of my actions?
They provided me with 10 vacations days to be taken throughout the year, yet they did not budget for the office to be covered for those days and they do not want the office to ever be closed.
How does one use the days they are given when the employer puts them into a situation where they cant.Thank you!
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
It was anticipated the law would be changed effective July 1, but again Congress has yet to approve it, so you need to call the US Department of Labor Wage and Hour Division to keep checking on it around June 1 or so. Once it goes through, yes they have to increase your salary or pay you hourly.
Employment is at will meaning they can fire anyone for any reason other than the person's age/race/sex/disability/national origin. So them wanting to terminate family members would not be unlawful unless they do so in retaliation for you exercising some right under law (wage law etc).
If they have given you vacation days, which are not mandated by law, but make it impossible for you to take them, you could have a right to sue them for payment for those vacation days, since they were part of your agreement but they made it impossible to use them.