Chapter 2 - Federal and State Wage-Hour Laws

The FLSA always overrides any state wage-hour law

False - Employers must comply with whichever law is more beneficial to the employee

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

True

Hospital workers are covered by the FLSA regardless of the hospital's annual volume of revenue.

True

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

An important sounding job title does not exempt an employee from the minimum wage and overtime pay provisions of the FLSA. The employee's actual duties and salary must meet the tests of the exemption.

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

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

True

The FLSA requires overtime pay at 1.5 times the employees regular hourly rate of pay.

True

The FLSA requires overtime pay for hours worked on Sunday.

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

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

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

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

The FLSA requires employers to pay employees for hours not worked because of illness.

False - The FLSA does not require the employer to pay for hours not worked because of illness.

The FLSA does not require that an employee's preliminary and postliminary activities be counted as time worked.

True

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

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

The FLSA is commonly known as the Federal Wage-Hour Law.

True

Sharon works in Hawaii, where the minimum hourly wage is $14.00. At that time, Sharon must be paid at least the federal minimum hourly wage of $7.25 if she is covered by both the state wage-hour law and the FLSA.

The Hawaii state minimum hourly wage is higher than the federal minimum wage, so Sharon must be paid the state minimum hourly wage of $14

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

True

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

True

The Portal-to-Portal Act of 1947 generally states that travel time spent commuting from home to work and work to home is not considered compensable work time.

True

Seamen working on foreign ships are fully exempt from the FLSAs minimum wage and overtime requirements.

True

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

False - Taxicab drivers are only exempt from the overtime pay requirements

For a 40-hour workweek, Paul, who is a nonexempt employee, is paid S270, This is a violation of the FLSA.

True

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

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

True

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.

Where service charges are automatically added to the customer's bills and then turned over to the employee these amounts are not tips and are considered wages when determining whether the minimum wage has been paid

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 and 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 employee's wages go below the minimum

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

3 multiple choice options

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 Recordkeeping requirements

3 multiple choice options

What is the minimum wage that hourly paid computer professionals must be paid to be exempt from the overtime requirements of the FLSA?

a $4.25 per hour

b $10.00 per hour

c $29.97 per hour

d $27.63 per hour

d $27.63 per hour

3 multiple choice options

What is the FLSA salary test for outside salespersons?

a $455 per workweek

b $250 per workweek

c $684 per workweek

d There is no salary minimum

d There is no salary minimum

3 multiple choice options

What is the maximum number of hours a nonexempt employee can work in a workweek under the FLSA before overtime premium pay is due?

a 40

b 55

c 80

d 168

a 40

3 multiple choice options

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

3 multiple choice options

Which of the following laws established minimum wage and overtime standards in the U.S.?

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

3 multiple choice options

Sam's regular workweek consists of 40 hours and he is paid biweekly. If Sam works 38 hours in week one and 43 hours in week two, how many overtime hours must he be paid for?

a 0

b 1

c 1.5

d 3

d 3

3 multiple choice options

Employees covered by collective bargaining agreements may be exempt from which provisions 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

3 multiple choice options

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 minimis time

d Preliminary and postliminary activities

b Equal pay for equal work

3 multiple choice options