mhs resolution proposal

PRESENTED TO: RAMON GONZALEZ, CEO; myHomeSpot.com

April 10, 2023

ContinueContinueContinueContinue

section section #1#1


the documentsThese documents were utilized to determine compensation due relating to overtime hours and will be referenced throughout this proposal.


Withheld for privacy Withheld for privacy purposespurposes

Bank statements were used to determine the dates and amounts of payroll payments

I received from myHomespot.com.

These records have been withheld to protect my privacy.


November 2010 – June November 2010 – June 20112011Don’t have one? Don’t have one?

Click here.Click here.

These include the paycheck stubs for the period between November, 2010 and June 2011.

You can view a copy of these documents by clicking above. A copy of these documents can be found at the beginning of this

section. ContinueContinueContinueContinue

““Time Sheet Entry from Time Sheet Entry from ADP”ADP”

Don’t have one? Don’t have one? Click here.Click here.

This is the original time card entry record submitted by ADP to myHomeSpot.com.

You can view a copy of this document by clicking above. A copy can also be found at the

beginning of this section.


This document combines all of our main documents in an effort to accurately calculate

figures pertinent to our current discussion:

““Master Recalculation Master Recalculation Worksheet” Worksheet”

Don’t Don’t have have one? one? Click Click here.here.

• Hours & Rates Worked

• Compensation Received

• Compensation Owed

The slides that follow detail the data contained in this document and their

corresponding relevance to the above topics. ContinueContinueContinueContinue


The Master Recalculation Worksheet looks The Master Recalculation Worksheet looks like this like this

when opened in Excel…when opened in Excel…

Compensation CalculationsCompensation Calculations

ADP Time Entries By PeriodADP Time Entries By Period

Period Period Reference Reference

ColumnColumn Untracked Untracked Overtime Overtime

HoursHours



Compensation Calculations: Compensation Calculations:

#1#1

#2#2

There are two different compensation calculation tables:#1 : Marketing Assistant#1 : Marketing Assistant

#2 : Property Manager#2 : Property ManagerContinueContinueContinueContinue


This column references the period of time entry data from ADP that corresponds with the pay period as represented on each paystub and included on this Worksheet under the “CHK PERIOD” column. (More information on each column will follow.)

Period Reference ColumnPeriod Reference Column

Each row is highlighted in the same color as its corresponding period information, as shown in the “ADP Time Entries by Period” table to the right of the “Compensation Calculations Tables”. (More details on this relationship follows directly.)



ADP Time Entries By Period:ADP Time Entries By Period:

This is the excel version of the time entries PDF Document as submitted by ADP.

On review, I found that, on most (but not all) occasions, there is a discrepancy between the amount of hours reflected for compensation as shown on the paystubs, and the amount of hours as recorded by ADP’s time entry system.

The time periods shown on the paystubs are used as the official time periods for calculation, and the corresponding time entry data from ADP for each paystub period is highlighted for ease of reference.




My review of the “Time Sheet Entry from ADP” confirmed the accuracy of the data contained therein.

It appears that the discrepancies discovered in my review are minimal, and I have dismissed them as part of the inevitable 2% error rate included in any report with combined data sources in my calculations.

Additional Note:Additional Note:




I do not have access to any data regarding the internal time to payroll conversion process utilized by MHS; however, it seems that this information may be helpful should you desire to investigate these discrepancies to their root.

Additional Note:Additional Note:



Untracked Overtime Hours:Untracked Overtime Hours:

Hours of work performed off the clock as agreed in April’s Business Development meeting. (I.E. Additional marketing tasks, Tenant Handbook, Owner Handbook, etc.)



Starting from the left, the columns are as follows:

• DATE REC’VD: DATE REC’VD: Date payment was received• AMT REC’VD: AMT REC’VD: Amount of received payment

Data Source: Personal Bank Statements




• CHK PERIOD: CHK PERIOD: Payment Period as shown on paystub

Data Source: Paystubs

• CHK HOURS: CHK HOURS: Hours reflected on paystub• CHK RATE: CHK RATE: Rate reflected on paystub

• CHK TOTAL: CHK TOTAL: Gross total paid on paycheck• CHK NET TOTAL: CHK NET TOTAL: Net total received from

paycheck




• ADP PERIOD: ADP PERIOD: Time entry calculation period per ADP• ADP HOURS: ADP HOURS: Total hours per ADP

statementData Source: ADP Time Entry

StatementContinueContinueContinueContinue

““Master Recalculation Master Recalculation Worksheet” Worksheet” Starting from the left, the columns are

as follows:

• REG HOURS: REG HOURS: Regular hours at regular rate used in calculations

Data Source: All Documents

• REG PAY DUE: REG PAY DUE: Period pay due for regular hours at regular rate• OT HOURS: OT HOURS: Overtime hours at overtime rate used in calculations• OT PAY DUE: OT PAY DUE: Period pay due for overtime hours

at overtime rate• TOTAL DUE W OT: TOTAL DUE W OT: Total amount due, including all rates

• TOTAL HOURS: TOTAL HOURS: Total amount of hours to be used for calculations

• PERIOD TOTAL DUE: PERIOD TOTAL DUE: Total remaining amount due for period (accounts for pay received as reflected

in the “CHK TOTAL” column) ContinueContinueContinueContinue

the documentsthe documentsThese documents were utilized in determining compensation due relating to commission due and will also be referenced throughout this proposal. ContinueContinueContinueContinue

““Hourly + Commission Payment Hourly + Commission Payment Schedule” Schedule”

This document is a scanned copy of the “Hourly + Commission Payment Schedule” document that was handed to each Property Manager in separate private meetings in early February.

Each Property Manager was told the terms of the new payment arrangement at this time. The new payment arrangement and calculation procedures were explained as follows:




• The hourly estimate assumed a 40-hour work week;• This initial “bonus” (aka commission) estimate was based on the previous months’ performance of each Property Manager’s respective portfolio;

• The performance of each portfolio would be determined by reports produced by Propertyware on a monthly basis;



• Once the transition to Property Manager had taken place, the first month’s income would be based on the estimated calculations as shown in this document ($1,549.35/bi-weekly); and

• Following the first month of transition, payroll would begin to be distributed based on this calculation model and would be determined based on each PM’s portfolio performance for the prior month, as reflected in the aforementioned PW reports.



Additional Note on Additional Note on Commission PaymentsCommission Payments

Commission payments were agreed to be distributed as follows:• 10% of maintenance fees;• 10% of management fees;• 10% of leasing fees;

• 10% of renewal fees; and• 10% of vacant unit fees.



Additional Note on Additional Note on Commission PaymentsCommission Payments

Several additional commissionable opportunities were discovered in the course of working as a Property Manager, and these compensation arrangements were agreed to on the fly, as they occurred. ContinueContinueContinueContinue

““Income Statement Income Statement Detail” Detail”

from Propertywarefrom Propertyware


This is the original report generated by PW on July 10,

2011, and was used to calculate commission payments due per

PDF #1.You can view a copy of the document by clicking the icon

above, where indicated. ContinueContinueContinueContinue

““Income Statement Detail w/ Income Statement Detail w/ Calculations” Calculations”


This document utilizes the data contained in PDF #2 to calculate

commission payments due.

Further explanations of the data and calculations contained in this

worksheet follow directly.

You can view a copy of the document by clicking the icon

above, where indicated.



This is what the document looks like when opened in Excel on your

computer….

Income Statement DetailIncome Statement Detail

Commission CalculationsCommission Calculations



Income Statement DetailIncome Statement Detail

This data was used to calculate commission payments due per PDF #1. Each commissionable event is highlighted in the same color as its corresponding commission type, as shown in the “Commissions Calculations” table. (More info on this table follows directly.



These are the final commission-based payments due according to the documents as described previously in this section.Each commissionable event type, as reflected in the “FEE DESCRIPTION” column, is highlighted in the same color as its corresponding expense item, as reflected in the “Income Statement Detail”, as described in the previous slide.




• “Standard” Standard” commissionable events commissionable events are those that were originally implemented with the new payment schedule.


• ““Implemented” Implemented” commissionable eventscommissionable events are those that were discovered in the course of working and agreed upon on the fly, or, as the events occurred.



Commission CalculationsCommission CalculationsCommission Type LegendCommission Type Legend


the invoicethe invoiceInvoice # 121 was submitted on September 1, 2011, and remains unpaid. Submission of payment for this invoice is required at the time of our next meeting. (See Conclusion)

A copy of the invoice can be viewed by clicking above, where indicated.



summarysummary


totalstotals $1,522.5

0 Untracked Hours

$1,128.02

Period Unpaid OT

+ ____________

$11,166.09

Standard

$670.54

Implemented * minus concession

$217.00

Invoice #121


conclusionconclusion


Both Parties have agreed that they are committed to

the following: #1 #1 Swift & Fair Resolution

Both parties wish for and will act accordingly to ensure a

swift and fair resolution to the current wage & hour matters

herein.ContinueContinueContinueContinue


the following: #2 Expedition of Process#2 Expedition of Process

Both parties acknowledge the duration of time taken thus far

to resolve this matter, and agree to do everything in their

power to expedite a resolution.



the following: #3 Interactive Resolution#3 Interactive Resolution

Both parties wish to resolve as much of this matter amongst themselves, and will seek to

resolve those matters in which they agree first and with

priority.



the following: #4 Mediation Preferred#4 Mediation Preferred

Both Parties acknowledge that there are several Disagreements between

them (more to follow), and have agreed to set aside these differences for the time being in a good faith effort to

resolve those issues in which there are no disagreements and both Parties

agree.


There are certain Disagreements between the Parties that both Parties have agreed to disagree upon for the time being and until further advice can be sought or investigation can be pursued.

These points of disagreement are as follows: ContinueContinueContinueContinue

#1 #1 Commission Payment ScheduleBriBriContends that commission was payable as of the date of transition to Property Manager.

MHSMHSContends that commission was payable “as soon as Propertyware reports became available”.


#2 #2 Leasing Commission – Payable?BriBriContends that the commission- based monthly “bonus” payment schedule included 10% of leasing fees accumulated under her portfolio during the period of time in which she operated as a Property Manager for MHS.

MHSMHSContends that the commission- based monthly “bonus” payment schedule did not include any portion of the leasing fees accumulated under Bri’s portfolio during the period of time in which she operated as a Property Manager for MHS.


#3 #3 Alotted Time for Outside WorkBriBriContends that the data included in the “Untracked Overtime” table is a fair representation of the amount of hours in which work was performed “off-the-clock”, as agreed previously and mentioned herein.

MHSMHSHas been previously made aware of my contention of wages earned “off-the-clock” but not paid for outside projects, as agreed previously and mentioned herein. The total amounts included in the “Untracked Overtime” table represent the total amounts that my review of our information, as agreed, has determined is appropriate.


#1 Settlement of Agreed #1 Settlement of Agreed Upon MattersUpon Matters

In a good faith effort to move forward with the swift and fair resolution of all

of these matters, I propose the following:

• Payment for the totals agreed upon should be made immediately and prior to any further discussion. • The totals that are assumed to be in agreement are as follows:


#1 Settlement of Agreed #1 Settlement of Agreed Upon MattersUpon Matters



$1,128.02

Period Unpaid OT

$217.00

Invoice #121 + ________________

$1,345.02

Total Due Now


#2 Settlement of Disputed #2 Settlement of Disputed MattersMatters



• Disputed matters should be set for mediation with an outside organization immediately.• The totals that are assumed to be in dispute are as follows:





$1,522.50

Untracked Hours$11,166.

09 Standard

$670.54

Implemented * minus concession

+ ________________

$13,359.13

Total in Dispute


#3 Continuing to Move #3 Continuing to Move ForwardForward



Simultaneously, a meeting between us should be scheduled as soon as possible to execute an agreement as proposed herein and to discuss the following items: ContinueContinueContinueContinue

#3 Continuing to Move #3 Continuing to Move ForwardForward



• Updated documentation needs, revisions and ideas from MHS; • Updated documentation needs, revisions and ideas from Bri; and• Timeline for Documentation Project completion. ContinueContinueContinueContinue

Once you have reviewed the documents and information included in this proposal, please let me know how you would like to proceed. I’m looking forward to hearing

from you!

Click Here To Contact

Me!

PRESENTED BY:Bri L. Gunter, CEO; Instant Assistant

[email protected]

(770) 826-3603

PRESENTED BY:Bri L. Gunter, CEO; Instant Assistant

[email protected] (770) 826-3603

mhs resolution proposal

Technology

adp period

adp adp hours

period of time entry

pay period

calculations period

paystub period

time entry calculation

payment period