If I work at a residential facility and live on premises with my family, am I subject to paying rent even though I provide required night coverage in addition to a standard work day?

It is a 24 hour facility although sleep hours are unpaid unless there is an incident that requires staff awake and providing service.

Asked on September 14, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you have to pay rent unless your employer makes free rent part of your compensation there is no law requiring that an onsite or live-in employee be given free rent. This is so even if you provide night coverage after all, there are employees who have to provide night coverage and who don't live at their employer's place, but instead simply have to drive/commute there and stay overnight without any place to sleep. It is reasonably common for onsight staff to get either free rent or a break/discount on rent, but it is by no means universal or required, so yes, you may be subject to paying rent if your employer wants you to be.


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