Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

With regard to the Final Rule Legislation, We are trying to

Customer Question
Hi JA: Hello. What seems to...
Hi
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: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 14 hours by:
11/19/2016
Lawyer: Law Educator, Esq., Attorney replied 12 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,471
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Ask Your Own Legal Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 119,471
119,471 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. 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:

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

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

119,471 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Do you have to pay overtime to salaried office employees -
Do you have to pay overtime to salaried office employees - if they choose to do it without pre-approval … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
We have an employee that was injured at work last October
We have an employee that was injured at work last October and has been out ever since...receiving Workers Compensation benefits. We have continued her medical and dental benefits the past year, but no… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
There is an Employee Code of Conduct for all public
There is an Employee Code of Conduct for all public employees at a university. Additional code or rules usually exist for specific categories of employees, such as supervisors. An example of such rule… read more
Pedagogical Esq.
Pedagogical Esq.
Juris Doctorate
1 satisfied customers
Can overtime pay be with held at employees request and paid
Can overtime pay be with held at employees request and paid on next pay? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
I am an employee at a day care center who an employee took
I am an employee at a day care center who an employee took out a loan using the center as a co signer the payments got behind and the person failed to notify the center and now the loaner has frozen t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
I'm a professional employee in the state of California. I
Hi! I'm a professional employee in the state of California. I signed an employment contract that states my bonus is earned Jan 1 - Dec 31st but I need to stay employed with the company until March 1st… read more
Damien Bosco
Damien Bosco
2,990 satisfied customers
We had a W2 employee who was working officially in FL. He
We had a W2 employee who was working officially in FL. He moved to Ohio. What are Ohio specific employment laws and would you recommend doing them for one person working from home there or to use a st… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
I received an interrogatory for a terminated employee. The
I received an interrogatory for a terminated employee. The interrogatory does not request a termination date however the attorney called to ask for the date of termination. Do I release the informatio… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
Can I work a employee for consecutive days without a off day
can I work a employee for consecutive days without a off day simply because we were overwhelmed with work. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
We have a per diem employee who works more than 8 hours 2
we have a per diem employee who works more than 8 hours 2 days a week---are we required to add the sick time and the over time if we have a signed employment agreement that says otherwise. And we are … read more
KJL LAW
KJL LAW
Juris Doctorate
1,618 satisfied customers
If an employee begins working for a few days, then the
Hi! If an employee begins working for a few days, then the background comes back failed due to a reason that doesn't qualify him/her hire-able, are they protected under ban the box because they have a… read more
KJL LAW
KJL LAW
Juris Doctorate
1,618 satisfied customers
Is it legal to be both an employee and a contractor for the
Is it legal to be both an employee and a contractor for the same business owner? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
We have 2 production employees that occasionally miss
We have 2 production employees that occasionally miss regular work hours and have requested to work more than 8 hours on another day(s) during the same week to make up the time missed, per California … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
I am an hourly employee who takes on call. This is always
I am an hourly employee who takes on call. This is always paid overtime since I work 40 hours per week. Now Corporate is saying that instead of that overtime pay we need to take the extra hours off an… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
My question regards overtime. I am a full-time assistant
Hi! So my question regards ***** ***** am a full-time assistant manager and work 40 hrs a week. My boss creates the schedule on a weekly basis, so the schedule for the upcoming week (Monday-Sunday) is… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
If ordered by the court to pay overtime debt to employees,
if ordered by the court to pay overtime debt to employees, can that debt be paid in time payments … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If a salaried, emempt empoloyee works overtime, (over 40hrs
if a salaried, emempt empoloyee works overtime, (over 40hrs in a work week healthcare) do they qualify for time and a half pay? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
If a company mandatories overtime where if you can't comply,
If a company mandatories overtime where if you can't comply, you have to make up the time with your vacation or personal time, should they give you a certain percentage of vacation, and/or personal ti… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,471 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