Brewer

The issue in this case is whether a motel employee who is required to live on the motel premises and who, on average, works no more than five hours a day, must be paid for the entire time he spends at the motel or simply the time he provides actual services. We will conclude the employee must be paid only for the time he provides actual services.

I. Factual and Procedural Background

The relevant facts of this case are not in dispute and may be summarized as follows.

Respondent Bhulabhai Patel owns a 25-unit motel in Fortuna known as the Fortuna Motor Lodge. Appellant Gail S. Brewer worked at the motel for a two-year period beginning in September 1989. Appellant’s primary responsibility was as an office clerk; he answered the motel telephone and checked guests in and out of their rooms. However, appellant also assisted with other tasks at the motel such as cleaning the grounds, doing laundry, and cleaning the rooms. In exchange for this work, appellant received a salary which started at $750 per month and eventually increased to $1,150 per month. If appellant worked a seventh day in any week, he received an additional day’s pay. Appellant was also given free living…