As a salaried manager, am I owed overtime for the extra hours I worked?: I was promoted to store manager in 08/2008 and I often worked more than 40 hours.
Eric’s answer:
The determination on whether you are owed overtime by your employer turns on your status in the company as an exempt or non-exempt employee. Only non-exempt employees are owed overtime for time worked beyond 40 hours. “Exempt” status is difficult to determine and employers often misclassify their employees. For employers to legitimately classify employees as exempt, the employees must earn at least $455 per week ($23,660 per year), receive their pay as a salary and also perform exempt job duties (I.e. bona fide executive, administrative, professional and certain outside-sales positions). Employees who earn less than $455 per week generally are non-exempt. Before contacting an attorney, I would recommend that you find out how your employer classifies you. It may also be helpful to express your concerns with someone in your employers HR department.
Eric M. Rolinson, Esq.
[email protected]
407-477-4559
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DISCLAIMER: THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT A QUALIFIED ATTORNEY.
My mother passed away in October and left my brother Executor of the Will, and he was on the checking account as POA.:
One of my sisters was on checking account too, took herself off, and put herself back on again 8 weeks before my mom passed. As Executors, they have not shared anything about our mom's health, ignored request for financial statements, jewelry left, up until an old Will signed in the late 80's arrived that had a letter stating only a bank account was left with $27,000 and no probate was needed in CA. I found out a diamond ring left for me has been on my brother's wife's finger for over a year. He took it while my mom was alive.
There is a no contest clause in the Will. Can I demand bank statements without my brother taking me out of the Will. My mom passed in CA, brother and sister live there. I live in FL.
When my mom moved in with my brother, there was over $100K in her a/c.
Eric’s answer:
You will need to hire a qualified attorney in California as wills and probate laws vary from state to state. Generally speaking, if you are trying to recover validly bequeathed assets (I.e. the ring), it would not be considered a contest of the will. In addition, it is my understanding that California recently passed legislation barring the enforcement of “no contest” clauses.
Eric M. Rolinson, Esq.
[email protected]
407-477-4559
NOTE: If you find this response helpful, please click on the “thumbs up” button at the bottom.
DISCLAIMER: THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT A QUALIFIED ATTORNEY.
Can an individual receive SSI after receiving a very large med malpractice settlement?: Can an individual continue to collect SSI after receiving a very large medical malpractice settlement. This individual owns 2 homes jointly, one with a former boyfriend/father of her children and one with a current boyfriend. Both were purchase with monies from the settlement. She also has a substantial money market account.
Eric’s answer:
Supplemental Security Income (SSI) benefits vary from state to state; however, the general qualification guidelines provided by the Social Security Administration are as follows:
“You may be able to get SSI if your resources are worth no more than $2,000. A couple may be able to get SSI if they have resources worth no more than $3,000. If you own property that you are trying to sell, you may be able to get SSI while trying to sell it.
Social Security does not count everything you own in deciding whether you have too many resources to qualify for SSI. For example, we do not count:
• The home you live in and the land it is on;
• Life insurance policies with a face value of $1,500 or less;
• Your car (as long as it is used for employment, to obtain medical care, or to transport a disabled individual);
• Burial plots for you and members of your immediate family; and
• Up to $1,500 in burial funds for you and up to $1,500 in burial funds for your spouse.”
Source: http://www.ssa.gov/pubs/11000.html#part3
Here, her resources (2 homes and a “substantial” money market account) appear to exceed SSI thresholds. Assets held jointly in the State of Florida (unless the parties are married) will be treated as owned solely by the individual for SSI determinations. She may however, be able to restructure or sell her assets or put some of her assets into excludable resources in order to qualify.
I would recommend that she speak with a qualified legal professional to assist her in determining the best course of action for her needs.
On a side note, the individual may qualify for Social Security Disability Income (SSDI). SSDI benefits are not based on financial need and therefore your assets are not relevant. As long as you meet SSDI disability and “quarters worked” requirements, you are eligible no matter what assets you own.
Eric M. Rolinson, Esq.
[email protected]
407-477-4559
NOTE: If you find this response helpful, please click on the “thumbs up” button at the bottom.
DISCLAIMER: THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT A QUALIFIED ATTORNEY.