working with out pay ?

UPDATED: Oct 1, 2022

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working with out pay ?

my sis works at a mini public storage. she lives on property runs the office
while her husband is in charge of maintence in the units,
they get the apt for free but get no money for working , is this legal ?

Asked on January 16, 2019 under Employment Labor Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The value of the housing may be counted as wages, but the worker (your sister; her husband, too, since he also works there) must be paid at least minimum wage for her hours worked. The minimum wage in OK is $7.25 hour; if your sister works 40 hours per week and her husband, say, 20 hours on maintenance (for example), between the two of them, they should earn 60 x $7.25 = $435/week, or $1,740 per month. Say that the fair market rent of this apartment (what a similar unit in this area would go for) is $900 per month--in that event, they still need to be paid the other $840/month, since the value of the rent is less than the wages they would have earned.
Figure out what your sister and her husband would earn at minimum wage, then approximate the rent for a unit like this and compare the two sums; that will tell you if and how much pay they are owed.
If being underpaid, they can contact your state department of labor if they want.

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