Brewer v. Patel

Opinion

PETERSON, P. J.

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…