Section 2 Federal and State Wage-Hour Laws

Wages other than cash are included in the minimum wage calculations if they primarily benefit the employer

False In addition to wages paid in the form of cash , employees may be paid in other forms as well. They may be paid partly in room, board, or other facilities provided by the employer. These facilities must primarily benefit the employee, not the employer, in order to be classified as wages

The basic unit for determining the proper wages due employees is the workweek

True

Barbara is an hourly paid employee making $7.48 per hour she is scheduled to work 35 hours a week for the past week Barbara worked 43 hours under the FLSA what is the minimum she must receive as gross pay a. $261.80 b. $332.86 c. $310.42 d. $321.64

b $332.86

Which of the following areas is not governed by the portal to portal act a. Travel time b. Equal pay for equal work c.. de minimus d. Preliminary and postliminary activities

b a call pay for equal work

What government agency enforces the equal pay act a. National Labor Relations Board b. Equal employment opportunity commission c. Wage and hour division d. Federal Trade Commission

b equal employment opportunity commission

Which of the following laws established minimum wage and overtime standards in the US a. Civil Rights Act b. Fair labor standards act c. Age discrimination in employment act d. Federal insurance contributions act

b fair labor standards act

Employees covered by collective bargaining agreement may be exempt from which provision of the FLSA a. Minimum wage requirements b. Overtime pay requirements c. Minimum wage and overtime pay requirements d. Child labor restrictions

b overtime pay requirements

Which of the following conditions of employment is governed by the FLSA a. The frequency of pay for employees b. Recordkeeping requirements c. Hours worked by employees over the age of 16 d. Lunch and rest break requirements

b recording requirements

What is the minimum wage the hourly pay computer professionals must be paid to be exempt from the overtime requirements of FLSA a. $4.25 per hour b. $10.00 per hour c. $29.967 per hour d. $27.63 per hour

d $27.63 per hour

Sam's regular work week consists of 40 hours and he is paid biweekly Sam works 38 hours in week one in 43 hours and week two how many overtime hours must he be paid for a. 0 b. 1 c. 1.5 d. 3

d 3

What is the FLSA salary test for outside sales persons a. $425 per week b. $250 per week c. $455 per week d. There is no salary minimum

d there is no salary minimum

What is the maximum number of hours a nonexempt employee can work in a work week under the FLS A before overtime premium pay is due a. 40 b. 55 c. 80 d. 168

A 40

Attendance at lectures, meetings, seminars and training sessions is considered work time unless certain conditions are met what are these conditions?

All the following conditions must be met for attendance at meetings, lectures , seminars and training sessions to be considered nonwork time The meeting, lecture, etc. is not held during the employees regular work hours Attendance is voluntary The meeting, lecture etc is not directly related to the employees job The employee does not perform any productive work for the employer while attending

What is the meaning of the term compensable time?

Compensable time is defined as all hours during which the employee is under the employers control, even if the time is unproductive, so long as the time spent is for employers benefit

What penalties can be accessed for violations of the FLSA's child labor restrictions?"

Employers can define up to $11,000 for each violation of the child labor restrictions and up to 50,000 for each violation that causes the death or serious injury of a minor

What is the basic difference between exempt and nonexempt employees?

Exempt employees do not have to be paid the required minimum wage or overtime pay, and the employer does not have to keep a certain records detailing their work, while nonexempt employees must be paid the required minimum wage and overtime pay and the employer must keep detailed records of their work hours and wage payments

The time spent by employees during bona fide meal periods is considered working time

False Bona fide meal periods during which the employee is completely relieved from duty are not working time

FLSA always overrides any state wage-hour law

False Employers must comply with which ever law is more beneficial to the employee

The job title is a strong factor in determining whether an employee is exempt from the minimum wage and overtime provisions of the FL SA

False On important sounding job title does not exempt an employee from the minimum wage and overtime pay provisions of the FLS A, the employees actual duties and salary must meet the test of the exemption

Taxicab drivers are exempt from minimum wage and overtime requirements of the FLSA

False Taxicab drivers are only exempt for overtime pay requirements

Sharon works in Oregon where the minimum hourly wage is $9.25 at that time Sharon must be paid at least the federal minimum hourly wage of $7.25 she is covered by both the state wage-hour law and the FLSA

False The Oregon State minimum hourly wage is higher than the federal minimum wage , so Sharon must be paid the state minimum wage of $9.25

To determine gross earnings the total overtime earnings are subtracted from the total regular earnings

False To determine gross earnings , the total overtime earnings are added to the total regular earnings

Employers are required by the FLSA to give rest periods to employees

False Under the FLSA , employers are not required to give rest periods to employees. However, rest periods may be required by state law.

A mechanic must be reimbursed for the cost of laundering his work clothes if the clothes are required by the employer

False When employees are required to wear uniforms that cannot be worn as regular street clothing in their cost and maintenance would put the employee below the minimum hourly wage , the employer must pay for the purchase , cleaning , and repair of the uniforms . If the uniform can be worn off the job , the employer need not reimburse the employee , even if the employees wages go below the minimum

For the purpose of determining whether the minimum wage has been paid service charges automatically added to a customer's bill are classified as tips

False Where service charges are automatically added to customers bills and then turned over to the employee, these amounts are not tips in our considered wages when determining whether the minimum wage has been paid

The F LSA requires employers to pay employees for hours not work because of illness

False The FLS A does not require the employer to pay for hours not work because of illness

FLSA requires overtime pay for hours worked on Sunday

False The FLSA does not require overtime pay for hours worked on Sunday, unless the total hours worked for the work week exceed 40

What conditions must be met for an employer to take advantage of the temp credit?

Following conditions must be met for an employer to apply the tip credit to the minimum-wage Employee must be a tipped employee which is an employee working for an occupation in which he or she regularly receives at least $30 per month in tips The employee must receive at least as much in tips as the credit taken by the employer The employee must be informed about the tip credit provisions of the law before the credit is taken All tips received by the employee must be kept by the employee although tip pooling may be required among employees who are customarily and regularly tipped Credit card tips must be given to the employee by the next payday

What are the five areas regulated by the fair labor standards act?

Minimum wage Overtime Child labor Equal pay Recordkeeping

What restrictions does the FLSA place on employers regarding the employment of minors under 18?

No minors under 18 can work in a job that has been declared hazardous by the wage and hour division. Some minors age 16 and 17 are exempt from these restrictions under student learning or apprenticeship programs, under an exception for loading paper ballers and compactors, or under an exception for 17-year-olds who work with wood products under the supervision of a parent and meet several other requirements

Seen in working on foreign ships are fully exempt from the FLSA's minimum wage and overtime requirements

True

The white-collar exemption from minimum wage and overtime provisions of the FLSA is made up of what categories of employees?

The following categories of employees make up the white-collar exemption under the FLSA Administrative Executive Professional Computer-related professional Outside sales

What questions must be answered before overtime pay can be calculated?

The following questions must be answered to properly calculate overtime pay What is the employees work week? What constitutes hours worked ? What payments made to the employee are considered wages ? What is the employees regular rate of pay ?

A plan similar to the fluctuating workweek plan was approved by the US Supreme Court and later made part of the FLSA and its regulations what is this plan called and what does it provide?

The plan is called the belo plan named after the company involved in the Supreme Court decision, and the plan guarantees a fixed salary for irregular hours that includes a set amount of overtime pay

What is the regular rate of pay and how is it determined?

The regular rate of pay is an hourly rate of pay determined by dividing the total regular pay actually earned for the work week by the total number of hours work. For salaried nonexempt employees, regular rate of pay is the employees salary divided by the number of hours the salary is intended to compensate

What is the time limit for filing FLSA complaint with the wage and hour division?

The timeline is two years after the alleged violation or three years if the violation was willful

What must an employee's primary duty be to qualify for the administrative employee exemption under the FLSA?

To qualify as an administrative employee The employee's primary duty must be the performance of office or nonmanual work directly related to the management or general business operations of the employer or the employers customers The employee's primary duty must include the exercise of discretion and independent judgment regarding matters of significance

Employers that enter into an agreement with their employees to pay them a fixed weekly wage even though their hours vary from week to week are operating under a fluctuating workweek

True

Exempt employees do not have to be paid the required minimum wage or overtime payment

True

FLSA does not require an employee's preliminary impulse Limoneria activities be counted as time worked

True

FLSA is commonly known as the federal wage-hour law

True

FLSA requires employers to pay tip employees a cash wage of at least $2.13 per hour

True

FLSA requires overtime pay at one and a half times the employees regular hourly rate of pay

True

FLSA wages include the fair market value of facilities such as board and lodging

True

For a 40 hour workweek Paul who is a nonexempt employee is paid $270 this is a violation of the FLSA

True

Hospital workers are covered by the FLFA regardless of the hospitals annual volume revenue

True

Mom and pop shops whose only employees are immediate family members are excluded from coverage under the FLSA

True

Portal to portal and 1947 generally states that the travel time spent commuting from home to a work and work to home is not considered compensable work time

True

Under the FLSA what are the differences between enterprise coverage and individual employee coverage?

Under enterprise coverage all the employees of the business are covered by the FLSA so long as at least two employees of the business are engaged in interstate commerce or involved in the production of goods or services for interstate commerce, in the business has annual gross sales of at least 500,000. Individual employees can be covered even if the business is not a covered enterprise if the employee is engaged in interstate commerce or the production of goods for interstate commerce.

Company B hires a computer systems analyst and agrees to pay the employee $25 an hour if this person works over 40 hours in a week is employee do overtime pay?

Yes. In order for the computer professional exemption to apply to an hourly paid employee, the employee would have to be paid at least $27.63 per hour