From labor disputes cases to labor and employment publications, for your research, you’ll find solutions on Bloomberg Law®. Protect your clients by developing strategies based on Litigation...
Nov. 14 — He said it on the campaign trail. He said it in his first interview after winning the election.
“I’m not gonna take the salary,” President-elect Donald Trump told “60 Minutes” Nov. 13. “I think I have to by law take $1, so I’ll take $1 a year.”
Presidential historian Mike Purdy questioned Trump’s plan. “I’m not sure whether that even is OK,” said Purdy, who writes at presidentialhistory.com and is working on a forthcoming book about past presidents. Purdy donated to Hillary Clinton’s campaign but didn’t otherwise participate in her run.
“The language of the Constitution says the president shall receive compensation,” Purdy told Bloomberg BNA Nov. 14. Only two presidents, Herbert Hoover and John F. Kennedy, refused to accept their paychecks. They donated their salaries to charity, Purdy said.
The U.S. Code says $400,000 per year is the amount the “President shall receive in full for his services.” Courts interpret the term “shall” in laws to indicate an event that must occur.
“Is it a violation of that law—that act of Congress, and coupled with the Constitution—that says you shall receive $400,000?” Purdy said. “My initial sense would be to say that he would be required to receive the full compensation that was required by Congress,” he said.
Separate from the rules for presidential pay, the Fair Labor Standards Act requires a minimum hourly wage for most employees. “I don’t think the president falls within the definition of an employee” in the law, “so I doubt that the FLSA applies here,” Jason Barsanti, an attorney who represents employers in wage-and-hour matters as a member in Cozen O’Connor’s San Diego office, told Bloomberg BNA Nov. 14.
The FLSA exempts highly compensated employees from its overtime and minimum wage requirements if their position involves executive duties. It’s likely the head of the government’s executive branch would qualify for the exemption.
If the president is forced by the other provisions to take a salary, Barsanti said, “the notion of requiring a billionaire to take money he doesn’t want seems like just the kind of overreaching regulation against which Trump campaigned and that got him elected in the first place.” Trump is worth $3 billion, according to Bloomberg data Nov. 14.
To contact the reporter on this story: Jon Steingart in Washington at firstname.lastname@example.org
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)