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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116707
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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With regard to the Final Rule Legislation, We are trying to

Customer Question

JA: Hello. What seems to be the problem?
Customer: with regard to the Final Rule Legislation
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: We are trying to get our heads around the aboveOur situation is as follows1. We have a few salaried employees earning less than $39,884 ( the level set for American Samoa )2. One is our Office Manager, the others are Construction Supervisors3. All direct / supervise the work of two or more employees4. They do not have the sole authority to hire and fire5. All are provided with a company vehicle and petrol / maintenance paid for which is over and above their salary. If we were put a monetary value on this , say, 10k per annum, all would have salary packages of over $39884 – I don’t know if this has any impact6. None have professional qualifications in their field of work ie they would not appear to come into the “white collar” category as mentioned on the DOL websiteWould you please advise if these salaried employees are required to have their salaries increased to $39,884 or have overtime paid for all hours worked over 40 in any one week should their salary remain below $38,884Your prompt response would be appreciated
Thanks in anticipation
JA: Has anything been filed or reported?
Customer: just that the legislation will have the same effect in American Samoa as in USA
JA: Anything else you want the lawyer to know before I connect you?
Customer: would you please confirm that my earlier message got through ok
Submitted: 8 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the Fair Labor Standards Act, the employee must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight. Thus, he does not need to have the "sole" discretion to hire or fire. If he is supervising any employees, you are going to have to raise his actual salary to the new salary basis levels under the FLSA, which by the way are $913/week or $47,476 per year. If you choose not to keep them on salary and raise their salary, you would have to pay them overtime for any hours worked over 40 in a week.
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