Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

My husband is a manager at a auto parts store. He is paid

My husband is a manager...
My husband is a manager at a auto parts store. He is paid salary. His check stub show 40 hrs. However he works over 60 hrs. each week. He clocks it and out, so his time should show over 60 hrs. Should he be geting overtime for the additional time. He works 6 days a week. He can not take off Monday - Saturday. He has no sick days. He does have vacation days.
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
3/18/2009
Jane T (LLC)
Jane T (LLC), Lawyer
Category: Employment Law
Satisfied Customers: 8,435
Experience: Worked with employment legal group in major national corp.
Verified

DearCustomer

 

Does you husband supervise other employees or make hiring/firing decisions?

 

What state is this in?

 

 

Ask Your Own Employment Law Question
Customer reply replied 8 years ago
Yes, he does supervise other employees and he does make hiring/firing decisions. We are in North Carolina.

DearCustomer

 

Although state and federal laws (the federal law is the Fair Labor Standards Act) require employees who are paid hourly to be paid overtime when they work over 40 hours in a week, that does not apply to employees who are paid on salary if those salaried employees are properly classified by their employer as being salaried. The U.S. Dept. of Labor has the following information, here, about when employees are properly labelled as salaried. Where an employee manages others, earns at least a certain minimum amount, and has the ability to make hiring and firing decisions that normally means they do not have to be paid overtime, as indicated in the link from the U.S. Dept. of Labor. Any questions regarding whether an employee is properly classified as hourly or salaried can be made to the U.S. Dept. of Labor, at the number in the link.

 

 

 

 

 

 

Jane T (LLC)
Jane T (LLC), Lawyer
Category: Employment Law
Satisfied Customers: 8,435
Experience: Worked with employment legal group in major national corp.
Verified
Jane T (LLC) and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask Jane T (LLC) Your Own Question
Jane T (LLC)
Jane T (LLC)
Jane T (LLC), Lawyer
Category: Employment Law
Satisfied Customers: 8,435
8,435 Satisfied Customers
Experience: Worked with employment legal group in major national corp.

Jane T (LLC) is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
The department of labor is claiming we need to back pay
the department of labor is claiming we need to back pay employee's lost wages for time that was never reported. all hours reported by the employee's were paid. how can the employer be held accountable… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
An employee was hired for a healthcare salaried position for
An employee was hired for a healthcare salaried position for $60,000 per yr. Salaried position stated employee is expected to work 50 hour work week. Employee took off one day and was paid for 72 hour… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers
I'm looking for an employment/labor law attorney to
I'm looking for an employment/labor law attorney to represent me. 15090 zip code area … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm having trouble locating a labor law lawyer here in ABQ.
I'm having trouble locating a labor law lawyer here in ABQ. NM.know one seems to have had a case in the situation of collection of final pay check. Back in July Partrick from this site explained the s… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I work for bjs. SALARY EMPLOYEE. I WORK OVER 40 HRS EVERY
i work for bjs. I'M A SALARY EMPLOYEE. I WORK OVER 40 HRS EVERY WEEK. IS THIS LEGAL … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers
I work at a private school. I am paid a salary but am not
I work at a private school. I am paid a salary but am not full time. Just now they want to add an extra hour to my schedule. What are my options? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,094 satisfied customers
My pay status was changed from an hourly wage to salaried
My pay status was changed from an hourly wage to salaried over 6 weeks ago. My paper trail with company proves that I have never worked a forty hour week. I am expected to cover any and all shift that… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,040 satisfied customers
Can a fully exempt salaried management employee be docked on
Can a fully exempt salaried management employee be docked on an hourly basis? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Are Salaried employees entitled to any compensation for
Are Salaried employees entitled to any compensation for overtime work … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
A salary exempt employee works a 40 hour work week. If that
A salary exempt employee works a 40 hour work week. If that employee typically works 5 - 8 hour days however on occasion the schedule requires night meetings resulting in 10 hour days or even 12 hour … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What are the salary requirements for a Exempt employee in
What are the salary requirements for a Exempt employee in the state of Texas for 2017? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,094 satisfied customers
I just became salary and would like to know if what my
Hello! I just became salary and would like to know if what my employer is doing is lega. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
A salaried employee is paid twice a month on the 15th and
A salaried employee is paid twice a month on the 15th and 30th. If they quit before a year is up am I required to go back and figure the salary hourly or weekly instead of the salary schedule as in th… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,937 satisfied customers
I am a Salaried exempt employee in Tennessee. If I am sick
I am a Salaried exempt employee in Tennessee. If I am sick or out for any reason I am required to use a vacation day. Even though I may still take work phone calls and work out issues from home. This … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,480 satisfied customers
US Tax and Labor Law Question, Entertainment Industry: An
US Tax and Labor Law Question, Entertainment Industry:An individual sets up a single member LLC for the purpose of producing a single short film, and is raising funds for the production via crowdfundi… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I am a salaried employee of a local business and was
Hi, I am a salaried employee of a local business and was recently shorted on my weekly paycheck, their reason being that I only worked 4 days of the previous week. However, I routinely work 6-7 day we… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question regarding salaried employees and the Fair
I have a question regarding salaried employees and the Fair Labor Standards Act. … read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers
This is a question for a "labor law" specialist. I have an
This is a question for a "labor law" specialist.I have an employee that shows up to work about 15 minutes early. Sometimes it is 20 or more and sometimes it is less. When he comes to work he immediate… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,480 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x