ch 22 employment law
Suzy Smart works part-time in the Handi Mart convenience store. The manager at Handi Mart requires that each clerk arrive fifteen minutes prior to the start of the shift so that the clerk going off duty can review the sales figures and cash status with the replacement before leaving, but her extra fifteen minutes of working time was never recorded. Under which act can Suzy and her co-workers sue the store and the manager?
The Fair Labor Standards Act
Linda is the owner of Los Angeles-based leather manufacturing company. Almost 500 employees were working in that unit. Employees were not paid proper wages and overtime pay for extra time worked beyond their normal working hours. Who is authorized to file suit on behalf of employees seeking to collect wages and overtime?
The Secretary of Labor
The Congressional Accountability Act of 1995 extended the coverage of the Fair Labor Standards Act to:
employees of the Senate.
In case of an FLSA violation, employees may file suit to recover back wages and overtime plus liquidated damages:
for an equal amount.
In Christensen v. Harris County, Harris County adopted a policy requiring its employees to schedule time off in order to reduce the amount of accrued compensatory time. Employees of the Harris County Sheriff's Department sued the County claiming that such policy is prohibited under the FLSA. In its judgment, the Supreme Court:
held that no statutory provision prohibits Harris County from pursuing its policy.
Employees covered by the FLSA are entitled to overtime pay at one-and-a-half times their regular pay rate, for hours worked:
in excess of forty hours per workweek.
Which of the following is not a basis for coverage under the FLSA?
Employees who are engaged in interstate commerce, but not including import and export.
Mathew is an outside salesperson employed by ABC Distributors. His payment was below minimum wages and he was not entitled to get the overtime pay, even if he worked for extra hours. Can Mathew file a suit against the employer claiming minimum wages and overtime pay?
No, because outside salespeople are exempted from both the overtime and minimum wage provisions.
Which of the following is an example of an employee exempt from overtime or minimum wages under the FLSA?
Senior Manager, Human Resources
Which of the following is not a condition for administrative employees to be exempt from overtime and minimum wage requirements under the FLSA?
The primary duty does not include general business operations with the firm's customers.
The Fair Labor Standards Act defines oppressive child labor by using:
age restrictions and identifying hazardous occupations.
In Salazar v. Butterball, LLC, the plaintiffs were:
not entitled to pay for the donning and doffing periods.
In Mumby v. Pure Energy Services, the court found that Pure Energy failed to compensate the plaintiffs for:
weekly overtime.
Congress enacted the FLSA in:
1938.
If a worker is one who receives tips from customers, the employer is allowed to reduce the minimum wage paid to that worker by up to _____ percent, with the difference to be made up by tips received.
40
Which of the following Acts is not aimed at restricting or regulating child labor?
Age Discrimination and Employment Act
The FLSA sets out five general categories of employees who are exempt from the minimum wage and overtime requirements of the statute, including:
All of these answers.
Which of the following is not true of the enforcement procedure regarding FLSA?
Criminal proceedings for willful violations may be instituted by the Department of Labor.
Amanda is an employee at a local hospital situated in Nevada. The local government maintained the administration of the hospital. The entire hospital staff suffered an unfair labor practice at the hands of the members of the administrative department. The employees then decided to file a suit against the administrative department of the hospital. Under which of the following acts should the employees approach the court?
Fair Labor Standards Act
In West Coast Hotel Co. v. Parrish, the appellant was in the hotel business. The appellee, Elsie Parrish, was employed as a chambermaid and brought suit to recover the difference between wages paid to her and the wages set as standard. The appellant challenged the act as repugnant to the due process under the _____ of the U.S. Constitution.
Fourteenth Amendment
Which of the following industries is mostly covered by state laws, as opposed to federal regulation?
Insurance and banking
Through the _____, the federal government attempted to the general regulation of wages and hours.
National Industrial Recovery Act (NIRA)
Donna and Paul DeRossi own an agricultural farm in the outskirts of New Jersey. Their son Ron, who is 13 years old, helps them every day by watering the saplings. Neighbors saw Ron working in the field every day and informed Department of Labor about this and complained of child labor. Have Donna and Paul violated the law under Fair Labor Standards Act (FLSA) by allowing their son to work on the agricultural farm land?
No, they have not violated the law of FLSA because the minors under the age of fourteen are allowed to work in agriculture under specific limitations and with parental consent.
Riana was working as a domestic worker for the Stephenson family in New York for about six months. She had not been paid on time since the first month of her joining. Can she file a suit against her employer under the FLSA?
Yes, as the FLSA coverage extends to private household domestic workers.
Minors under age fourteen can be employed only in _____ under specific limitations and with parental consent.
agriculture
In Solis v. Laurelbrook Sanitarium and School, Inc., the issue at hand was the:
child labor provision of the FLSA.
The National Industrial Recovery Act provided that the codes of fair competition for each industry:
could limit child labor.
The government attempted to reduce poverty and bring the earnings of workers closer to the cost of living by regulating:
minimum wages.
Minors aged sixteen to eighteen may work in certain nonhazardous occupations, and minors aged fourteen to sixteen may be employed in non-manufacturing or nonmining occupations for limited hours:
outside school hours.
Machinists and sewing machine operators are usually paid on a(n):
piece-rate basis.
The Davis-Bacon Act provides that contractors working on government construction projects must pay the prevailing wage rates in the geographic area, as determined by the:
secretary of labor.
The Walsh-Healy Act _____ for contractors providing at least $10,000 worth of goods to the federal government.
sets minimum standards for wages
Employers and employees not covered by the Fair Labor Standards Act are generally subject to:
state laws of United States.
The statute of limitations for willful violations is extended to _____ years.
three
