The past month has hit my husband and I reaaly hard.  It seems that everything is going wrong and I don't know why.  First, my dog got sick and needed $450 of emergency care to save her life (first week of January).  Shortly thereafter, my husband lost his job.  I am a student trying to finish my degree to become a teacher.  While I do carry a part time job, I do not make enough to support the two of us.  Quiting school would mean giving up my dreams and I have worked so hard to achieve them.  But last week, we were in a car accident that totaled our only car.  Because we only could afford liability, the insurance is not going to cover our loss.  We are now stuck with a $8000 debt and no car.  Please, I don't know what to do.  Someone please help us.  

UPDATE: JULY 07,2008.

When the time is right your will receive your BLESSINGS. I will be picking up my 1986 Jeep Grand Wagoneer. Fixing "Her" up and getting ready for building my "Gypsy Vardo Trailer Wagon". I will be nick-naming my vehicle..."ZAZZA".

So, my friends, NEVER give up Hope.

I am a true example that your prayers will be answered.

Keep the Faith, no matter, which Faith you believe in.

Trust your inner self and most of all Enjoy LIFE!

Blessings,

LABikermamma

JUne 15, 2008 HAPPY DAD'S DAY TO ALL YOU DADS. Enjoy your day. All this week, I have been working on "releasing" all my old father's stuff and with blessings I offer them back to the universe. So I am in "Forgiveness" of my father today. That, my friends, is a big thing for me to do this at this time in my adult life. I am thank full for that. I guess you can heal yourself in your own way. update: Greetings All, I thought I would take today to update you on my blessings. As you know, I had to come back for my aunt's health. she is doing better but she is close to getting her ticket punched to get on the bus to heaven. In the meantime,I am on a holding pattern. I found a very nice running Jeep Grand Wagoneer at the right price. The guy is very nice and is working with me on the payments. I am also making plans to build by Gypsy Vardo Wagon. God is sending me little things for the trailer. The other day the neighbor brought me to the church rummage sale and I found a need coffee grinder, a bolt of cloth, an old time coffee percolator. Cute little things. So there you have it for today. Blessing to all and may all your dreams and needs be fullfilled in God's Name. LABikermamma *********

Greetings,

Wow! It's been awhile since I have been here. The site looks great! I like the new format. I will have to get re-acquainted with it.

So I have not been here for about a year. Time flys when there is lot's going on in one's life. Still dealing with my health. Last couple of month's it has been my teeth.

Dentures are a-comin soon. And today I just found another part of the tooth that was pulled comming up through the gum. I have ask God to heal me. And I say my "Thank You God for my healing". every day. So hey, it may be getting my third set of teeth. Now, that would be a hoot!

So, I made it back to San Deigo, CA. I love that place. I started to help my friends out there with house sitting. So I am now know as "The Gyspy House Attendant". It is the perfect job for me with all my disabilities.

Another thing I have been researching is the type of vehicle that would sote my needs, both everyday and the disabilities. I am now looking for the old JEEP GRAND WAGONEERS! It is low to the ground so I can get in and out of it and I can put the back seat down when I need to rest. Plus I can haul my little "Gypsy Vardo Wagon" behind it. So that is my next vehicle. Keep a look out and let me know if there is one in your neck of the woods.

Speaking of woods, I am back in Pennsylvania. My 88yr old Aunt called me to come back and help her out. She is having some major health issues herself. So I am back in the mountains of the Appalachians. It is nice now because of the Spring. However, those damp cool nights are killing my back and joints.

So I am back and will promise to check in at least once a week.

Blessing to you all and may all your dreams come true.

LABikermamma.

##########

UPDATE MAY 2007

Ok, well that little toyota truck I got has some major problems. So I cleaned it up and have it up for sale for $835. No sooner did I put the ad in the paper an old mechanic friend found a working truck that I can get in June. See how GOD works Miracles. You have to let go of all your negitive energies.

In the meantime, I am doing little house projects for my 87yr old aunt. I did the trim in the bathroom and I want to paint my room. I put some tomato plants in the garden. So once I leave to go back west, everything will be done for her.

I guess I am on a spring cleaning kick. Not only for my life but my spiritual life as well.
It feels pretty good to let go of all your own shit.

My new saying is: "Life is Good!".

*****
Update: April 11, 2007.
Ok I am over the tools being stolen.  Now working on getting the truck fixed. Getting the AD space sold on the truck and I am out of PA for good. They do every thing backwards here and I am finding out about "legalized extortion" when it comes to trying to registrar the title of a truck. What a racket.  I know enough bitching but I got to tell you whenever you are trying to move forward and you have everyone blocking you, instead of giving you a hand up...get's depressing. And more snow.....ugly. So AD Space anyone?

Thanks.

Update: 04/10/2007.
well so much for thinking positive! I just got robbed of all my tools to fix up the truck.
so now I have a truck with no tools.  At least I did not get my house ransacked like my neighbor did. They got the worst of it.  So there goes 8k out the window.
I just need the Universe and God to give me a leg up everyonce in awhile instead of chopping me off at the knees.
LABikermamma

Update: 04/08/2007.

Just want to wish every one miracles for this blessed day of giving thanks.
May all your dreams come true. My dream is for a truck to make it back
home to san diego,ca from PA.( I got the truck april 2007). Thank you.
Please read my bio(Post#160-onFree money site)
My journey out of  suffering and into another chapter of my new and different life.

In appreciation to all,
LABikermamma

ps:With a "Little help from my Friends". I am now looking for businesses to ADvertise
on the sides of my truck. Websites/800# etc. I will be traveling 2185 miles from PA to San Diego, CA at the end of June 2007. I will charge a buck a mile..That is a dollar a mile.
It will be all Freeway/Highway driving. Stops at Truck Stops and Casinos. I will leave the ad on the truck for one month and I will even email you a picture. Cheapest BillBoard Advertisement there is! What do you think of that idea?

Resident Apartment Manager Law in California

The McMillan Law Firm, A.P.C., is not advising you or giving you specific legal advice with this web site. We only give legal advice to those clients who have retained the firm, so if you need further assistance, please contact our office immediately. Please note that the information contained on this web site is specifically for CALIFORNIA. Again, the following is simply an overview of California laws as applied to Resident Apartment Managers.

Employment at will

Unless the employee is working under a contract guaranteeing employment for a specified amount of time, the employer/employee relationship is considered at-will, and employers can fire the employee for any reason, except the "wrong reason." The "wrong reason" usually is limited to whistle-blowing (example: reporting illegal activities) or because of their race, sex, national origin or disability. The employer is free to fire the employee for almost all other reasons. You should consult an employment law attorney if you have been terminated and feel it was for the "wrong reason."

Of course, you can contract around the "at-will" relationship by entering into an employment contract for a specified term (i.e. a contract for one-year of employment). Then, if you are terminated before the term expires, the employer may be in breach of contract. However, many employers are hesitant to enter into such contracts because they are giving up their right to terminate the employment relationship.

Minimum Wage for Resident Apartment Managers

Apartment owners are required by the California Code of Regulations to have a "resident apartment manager" or some other responsible person, to reside upon the premises and manage every apartment house that has over 16 units.

Resident Apartment Managers must be paid in accordance to minimum wage laws. That is, the Resident Apartment Manager must be paid at least $6.75 for every hour worked. The Industrial Welfare Commission defines "hours worked" as "the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work." (Wage Order No. 5 2(h).)

Furthermore, California case law has held that "suffer or permit" means all work that the employer knew or should have known about; in fact, the Supreme Court even included "work such as unauthorized overtime, which the employer has not requested or required." (Morillion v. Royal Packing Co.) Be careful, however, the court will not allow a person to "work behind the back" of an apartment owner hoping to cash in later. (Id.)

The employer and employee cannot contract to pay less than minimum wage. (Labor Code 1194(a).) Any such agreement is void, and the employer is in violation of the Labor Code. Before excepting a salary, find out how many hours you are expected to work, then apply that to the formulas provided in the next section.

Being Paid on Salary

The salary of a non-exempt employee is for 40 hours of work (or less) per week because, and as mandated by Wage Order No. 5 3 (A)(1)(c), the hourly rate of a non-exempt employee is computed as one-fortieth of the employee's weekly salary. Therefore, your hourly rate can be computed with the following formulas (note, hours worked cannot exceeded 40, if you work over 40 hours per week, all hours over 40 must be compensated with overtime wages):

If you are paid on a monthly salary: (monthly salary) / [4.3 x (hours worked)] = (hourly salary).
If you are paid on a bi-monthly salary: (bi-monthly salary)/[2.15 x (hours worked)] = (hourly salary).
If you are paid weekly: (weekly salary)/(hours worked) = (hourly salary)
If your hourly salary is below $6.75, you should consult an employment attorney.

Keeping track of hours worked

Wage and hour regulations contain numerous record-keeping requirements for employers. And, employers, have a statutory duty to comply with the regulations set forth in Labor Code 226, 1174, 1174.5, and Wage Order No. 5 7(a), all which mandate the employer keep accurate records, including the number of hours worked, rate of pay for each hour, and total wages owed. Failure to record hours alone is a criminal offense. (Labor Code 215.)

All resident apartment managers should keep an accurate record of their hours worked. Because the employer has the affirmative duty to keep track of all hours worked by employees, in the event of a dispute, the employee may reconstruct their hours by means of a "just and reasonable" inference. When the employer's records are inaccurate or inadequate, an employee will have carried the burden of proof in establishing a violation of state minimum wage and overtime laws if: (1) the employee proves they performed work for which they were improperly compensated and (2) if the employee produces sufficient evidence to show the amount and extent of that work as a matter of "just and reasonable inference." (Hernandez v. Mendoza) The more evidence you have of hours worked, the more likely it is to recover under minimum wage and overtime laws. Thus, resident apartment managers should keep a daily log of duties performed and the time it took to perform them.

"Rent Free" Apartment as Compensation

Most managers' apartments are considered part of their compensation package. Although this is common practice, it is hardly ever executed legally. There is a strong public policy against taking advantage of an employee in regard to living arrangement. For that reason, the employer must follow the law to the letter.

The employer may deduct up to 2/3 of the market rental value of the manager's apartment (but not more than $381.20 for a single manager and $563.90 for a couple) against their obligation to pay the manager minimum wage. (Wage Order No. 5 10(c)

Living accommodations can only count towards minimum wage if there is a "voluntary written agreement" that "explicitly references that such credits are being applied toward the minimum wage obligation of the employer." (Brock v. Carrion) Therefor, the agreement must be (1) in writing, (2) specifically state how much money is to be credited, (3) cannot be more than $381.20 for a single manager and $563.90 for a couple, and (4) must specifically say the credit is "being applied toward minimum wage." Failure to follow any steps will void the agreement.

Wage Order No. 5, including the requirement of a "voluntary written agreement," was clearly intended to "prevent employers from circumventing the state's minimum wage requirements." (Id.) Thus, "each provision places strict limits on an employer's ability to credit lodging against the minimum wage." (Id.) Therefore, without a valid "voluntary written agreement" the employer "cannot obtain an offset against the plaintiffs potential damages under 10(C) of Wage Order No. 5."(Id.) In other words, the apartment is now truly free without any off set against wages.

Resident Apartment Managers and Overtime

"The employment of any employee for longer hours than those fixed by the order or under conditions of labor prohibited by the order is unlawful." (Labor Code 1198.) The Industrial Welfare Commission mandates a premium for overtime wages at one and one-half time the regular rate of pay for every hour over eight-hours worked in a single day, and all hours over forty worked in a week. (Wage Order No. 5 3.) Also, every hour worked on the seventh-consecutive day shall be paid at the one and one-half pay rate. (Id.)

The overtime rate of a non-exempt employee is computed as one-and a half time the employee's hourly rate (click here if you are paid per week, bi-monthly, or monthly). Therefore, your overtime rate can be computed with the following formula (Note, your hourly salary must be greater than $6.75, if it is less, use $6.75)

1.5 x (hourly rate) = overtime rate
(overtime rate) x (hours worked over 40) = (overtime owed)

If you work over forty-hours a week, you must be compensated your at your overtime rate. Any agreement to do otherwise is contrary to Labor Code section 1194(a) and is not valid. Furthermore, the Defendants are barred from using an "averaging method" to apply money paid to overtime owed. (Armenta v. Osmose, Inc.) "California's labor statutes reflect a strong public policy in favor of full payment of wages for all hours worked." (Id.) Therefore, an employer cannot pay an employer with a salary that compensates more than minimum wage and expect the amount paid over minimum wage to make up for prior or future overtime compensation earned.

Conclusion

If your employer is in violation of any of the previous sections, seek counsel from an employment law attorney. Your boss cannot fire you for doing so. If you are looking for a job as a resident apartment manager, keep these rights a protections in mind.

For mor details regarding Resident Apartment Manager and its Laws, please feel free to vist us at:
website: http://www.apartment-manager-law.com
email: mitesh@apartment-manager-law.com




About The Firm - McMillan Law Firm

The McMillan Law Firm of La Mesa, California, serves the small business community providing litigation, incorporation, and transactional support. The Firm represents homeowners in disputes arising from the purchase or sale of their home, and in disputes with contractors. The Firm also represents consumers and employees in disputes with businesses. 

The Firm has experience litigating through trial disputes involving oral contracts, employment, false advertising, partnership issues, failure to pay minimum wage, failure to pay overtime. The Firm has a variety of hourly and contingency fee arrangements available depending on the type of case involved. Here, at McMillan Law Firm, each of us recognizes that those who come to us seeking legal assistance are doing so because there is a problem or circumstance where guidance or Justice is needed. 

Each of us who you'll meet at our Firm, serve our clients with this overarching principal: our clients come to us because they've suffered, or are suffering, an injustice which needs redress. Whether that injustice is an injury for which we'll seek a recovery, or that injustice is being the subject of a merit-less lawsuit that needs a defense. We are here to serve You. 

You'll find that Our Firm is comprised of a group of talented, intelligent individuals with diverse backgrounds who are devoted to Our clientele. We recognize that the proper mission of a lawyer is to advance the ends of Justice and that regardless of the wealth, status, or circumstance of our clients each client is entitled to be treated with respect, courtesy and dignity. Our attorneys are defenders of the rights of individuals and strive to provide each client, in every case, with aggressive and effective representation. 

Year this Office was Established: 2001
Attorneys in this Office: 3

Areas of Practice
 Administrative
 Advertising
 Agency and Distributorship
 Agency Law
 Antitrust and Unfair Competition
 Arbitration
 Bankruptcy
 Business Law
 Civil Rights
 Commercial and Contract
 Constitutional Law
 Consumer Law
 Customs
 Employee Benefits
 Employment and Labor
 Ethics
 Financial Litigation
 General Practice
 Government
 Health
 Health Care Law
  Import/Export
 Labor Law
 Landlord Tenant
 Legal Remedies
 Litigation
 Packaging
 Patents
 Political Law
 Privacy
 Property and Real Estate
 Real Estate
 Real Estate Disclosures
 Realtor Fraud
 Science and Technology
 Sexual Harassment
 Trademarks
 Unfair Competition
 White Collar Crime
 

For more Details:
The McMillan Law Firm,
4670 Nebo Drive, Suite 200
La Mesa, CA 91941-5230
(619) 464-1500
Toll Free (877) 235-2997

    Hey how are you doing?  Unfortunatly I could be better. I need to have surgery on my arms becase I got into a motorcycle accident and burned my forarms on the exahust pipes and need to have a skin graft done on them. It is keeping me from go back to college for computers because I have to constantly look for money to live. I cant do any physical work no matter how much I want to just to make an income , because I need to keep my arms wrapped up and dirt free and sweat free. So I am in a crappy situation. Please if anyone can help me financially I need to raise at least $3,500.00 . I would be in dept to you . I need to pay for surgery and living expences . Once I recover I want to finish my school for computers and get a good paying job. I will then come back and look for people to help on these pages. I believe what comes around goes around, so If I get helped here so I can be in a situation to help somone down the road . I will give back to the comunity and these aid pages . I hopoe somone reads this and has it in there heart to help me. I never asked anything from anyone before and this is odd to do this, I am not used to asking for help but I am in a situstion that I need it.  Any questions email me and I will gladly answer them as best as possible.    thanks for your help Michael2

I need to come up with  $3500.00 for the surgery and also I would lioke to go back to school !

I need to start a pledge if anyone can help please let me know!

my email is michaelvoros@cox.net if anyone wants to help i would be eternally greatfull!!!

somos una iglesia que apenas vamos comensando tenemos muchos niños  que les gustaria recibir regalos para esta navidad si en algo nos pueden ayudar nuestros niños lo agradeseran

Note: This aidpage was started as a comment on "free money to help pay bills"

God has humbled this old (50+) bikermamma. I have had my 2nd spinal surgery. Living with 87 yr old aunt, bless her soul...I would be homeless. time to move into my different life. Asking for help in finding truck (update: 04/08/2007 - got the Truck: Thank you)to move from PA to AZ end of June 2007.   Completed the  H&R Block Tax Certification Course.

Update: April 11, 2007.

I am over the tools being stolen.  Now to working on getting the AD Space sold so I can get the heck out of PA. It's cold, wet, snowing and ugly out here. And to boot, they are very backwards in getting your vehicle titles registrared. What a rack?  So enough bitching I just want out now. I can see how some people get very depressed when you are trying to move forward and everyone is blocking your advancement, instead of giving you a hand up.  so that is that!

Update: April 08,2007:
Well, so much for positive thinking. I got robed of all my truck tools. I now have a truck and no tools.
There goes 8k out the window. However, the neighbors got the worst of it. Their house was completely ransacked.I just want a break from the Universe and God. A leg up insead of cutting me off at the knees when I try to get two steps ahead. PLEASE!

LABiker

Greetings Aidpage Readers. Just want to tell you I got my truck this month. I am now looking for Advertisments to put on the sides of the truck. I will be traveling 2185 miles from PA to San Diego, CA the end of June 2007. Websites/800# perferred. I will charge $1.00/ a buck a mile. I will be traveling all Freeways and Highways. I will stop at Truck Stops and Casinos. I will take a picture and email it to you. And I will keep the Ad on the truck for one month. That is the cheapests billboard Ad you can get. What do you think of that idea?

LABiker

(bikermamma@iwon.com).

Thank you, the end.

contributed links:

HELLO! MY NAME IS PAMELA AND I NEED HELP!!! I AM JUST COMING OUT OF A BAD 5 YEAR RELATIONSHIP AND I AM TRYING TO START MY LIFE ON A NEW PATH. I WAS NOT PERMITTED TO WORK OR DO TOO MUCH OF ANYTHING IN THIS RELATIONSHIP, NOW THAT I AM OUT OF THE SITUATION I AM TRYING TO GO TO TRUCK DRIVING SCHOOL. I NEED $400.00. I HAVE NO FAMILY OR FRIENDS I CAN TURN TO.  I AM PLEADING!!! I AM BEGGING!! ANYONE OUT THERE WHO CAN LEND ME A HAND. EVEN IF ITS JUST $20 OR $30 ANYTHING WILL HELP. I AM SUPPOSE TO START SCHOOL ON MONDAY  AUGUST 6, 2007. AGAIN ANYTHING ANYONE CAN DO FOR ME.  PLEEEEEEEEEEESE!!! IT WOULD BE GREATLY APPRECIATED.  ALSO IF YOU CAN LEND ME THE MONEY I WILL BE WILLING TO SIGN A PROMISORY LETTER!!!! 

YOU CAN REACH ME BY EMAILING ME @ REALPEACHREALPEACH@YAHOO.COM

THANK YOU!!!  AND GOD BLESS!!!!

PS.........SEW A SEED- YOU WILL RECEIVE YOUR BLESSINGS!!

hello there everybody! i am Christina, and i have a question. where do i start looking for help from welfare? i have a baby that is three months old now and we are sad to say homeless due to a major layoff at work. i have no where else to go. or if not welfare...what can i do?

I am in need of some help.... I have payed half of my rent as well as some other bills but I have tried everything before I had to come here and beg.  I am in need of desperate help, I will work it off or repay it back I am not looking for free ride.  I am 23 year old female and work over 40 hours a week, I am trying my hardest and don't want to lose my apartment.

I am wanting to relocate to san diego because I am about to lose my house in washington. Single Mom of Three Kids going thru tough times. I have customer service experienc, data entry, typing 62 wpm, computer skills. If anyone can help I would promise to help 2 other people however I can when I get on my feet again.

Feel free to participate in this public group space.

Two easy ways to do this:

1. Add a comment or a question here - on this page... or on any other page in this space.
   
2. Or, if you want to start a separate thread - make a new page.

Either way is good - the important thing is your participation. On Aidpage, people support each other by speaking out and by paying attention to each other - as simple as that.

I had a decent job working for a company that rebuilt internal jet engine parts for the airlines, but I lost my job.  My g/f (who I live with) doesn't make much money, and it looks like they're going to shut our power off this week, which doesn't really matter since we can't pay rent (1100/month) and we'll probably be evicted.  I don't know what else to do or where to go.  I'm still 3 weeks away from being able to collect an unemployment check.  I have some job interviews next week, but unless I can start working right away, I don't think anyone is going to care too much when I tell them that....certainly not the cable and electric companies, or the realtor that owns this apartment.  I'm holding out hope that my father can "save the day", but I'm not very optomistic.  I just don't know what else to do......

Feel free to participate in this public group space.

Two easy ways to do this:

1. Add a comment or a question here - on this page... or on any other page in this space.
   
2. Or, if you want to start a separate thread - make a new page.

Either way is good - the important thing is your participation. On Aidpage, people support each other by speaking out and by paying attention to each other - as simple as that.

Feel free to participate in this public group space.

Two easy ways to do this:

1. Add a comment or a question here - on this page... or on any other page in this space.
   
2. Or, if you want to start a separate thread - make a new page.

Either way is good - the important thing is your participation. On Aidpage, people support each other by speaking out and by paying attention to each other - as simple as that.