How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask John Your Own Question
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4528
Experience:  Exclusively practice labor and employment law.
71296933
Type Your Employment Law Question Here...
John is online now
A new question is answered every 9 seconds

FLSA question:If an employee's base wages are $48,000 per

Customer Question

FLSA question:If an employee's base wages are $48,000 per year in 2017, , does he HAVE to be classified as exempt? Or could he be non-exempt?
JA: Have you documented this or discussed it with HR?
Customer: Yes-Discussed. No definitive answer.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full-time-at will.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 20 days ago.
Category: Employment Law
Expert:  John replied 20 days ago.

No. This ignores the entire premise that only certain positions may be classified as exempt - generally executive, administrative, or professional duties as defined by the DOL regulations (“duties test”) See http://www.dol.gov/whd/regs/compliance/fairpay/fs17a_overview.htm

Only then can the employee be exempt if the $48,000 is paid on a salary basis, meaning regardless of the number of hours put in each week the employee is paid the same amount per workweek . Otherwise the employee is not exempt and is supposed to be paid on an hourly basis with at least minimum wage and paid overtime.

Expert:  John replied 20 days ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). Thank you, ***** ***** wish you all the best with this matter.

Expert:  John replied 16 days ago.

I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating. You have already been charged the full amount for your question. Providing a positive rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. Otherwise, the website does not credit me with answering your question. Thanks.

Expert:  John replied 3 days ago.

Sorry to bother you, but you haven't yet provided a positive rating for this answer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit and I get no credit for the work I put into the matter. Thanks.

Related Employment Law Questions