HRM 330 Module 3 quiz

What is the primary purpose of regulating employment benefits?

To prevent exploitation of employees by employers.

What federal law sets the minimum wage in the United States?

The Fair Labor Standards Act (FLSA).

Can states set their own minimum wage laws?

Yes, states can set higher minimum wages but cannot go lower than the federal minimum wage.

What is the overtime pay rate for covered and nonexempt employees under the FLSA?

1.5 times their regular rate of pay for all hours worked over 40 in a workweek.

How is a workweek defined under the FLSA?

As a fixed and recurring seven-day period.

Who is typically covered under the FLSA for minimum wage and overtime?

Most hourly employees and some salaried employees, depending on their duties and pay level.

What does 'hours worked' include according to the FLSA?

Any time the employee is 'suffered or permitted to work,' including work done during, before, or after shifts.

What is the distinction between 'engaged to wait' and 'waiting to be engaged'?

'Engaged to wait' is considered work time, while 'waiting to be engaged' is not.

Are rest periods of 20 minutes or less considered working time?

Yes, if they are common and promote employee efficiency.

What qualifies as a 'bona fide' meal period?

A meal period of 30 minutes or more where the employee is completely relieved of all duties.

Is normal commuting time considered work time under the FLSA?

No, normal commutes are not considered work time.

What type of travel is considered work time?

Travel from home to a special one-day assignment and travel that is part of the employee's principal activity.

What does Section 3(m) of the FLSA allow employers to credit towards minimum wage?

Credit for tips and in-kind benefits.

What are the requirements for crediting tips towards minimum wage?

The occupation must allow for more than $30 in tips per month, and the employer must pay at least $2.13 per hour.

What types of in-kind benefits can be credited towards minimum wage?

Employee meals, housing, and scholarships.

What are the five requirements for in-kind benefits to be credited towards minimum wage?

1. Regularly provided by the employer; 2. Voluntarily accepted by the employee; 3. Compliant with the law; 4. Primarily benefit the employee; 5. Communicated at the job offer.

What is the overtime rule in California regarding daily hours?

Overtime is afforded after 8 hours in a day and double pay after 12 hours.

Which states have daily overtime rules similar to California?

Colorado, Alaska, and Nevada.

What happens if an employer communicates that a break may only last for a specified period?

Extensions of rest periods that are unauthorized can be considered outside of work time.

What is the significance of the term 'working meal'?

A 'working meal' is considered work time, even if the work is inactive.

What types of licenses are not creditable for employee compensation?

Licenses required for employees to work at a job, even if transferable to other jobs.

What must employers maintain regarding benefits provided to employees?

Accurate records of the costs incurred by furnishing the benefits.

What is the minimum wage that an employee's pay must reach when combining tips and in-kind credits?

$7.25 per hour, including overtime.

What is the general rule regarding wage deductions under the Code of Federal Regulations?

Wages must be paid finally and unconditionally, without deductions that cut into minimum wage or overtime pay unless permitted.

What types of deductions from wages are permitted?

Deductions required by law (e.g., taxes), or authorized for the employee's benefit (e.g., health insurance premiums, retirement contributions).

What deductions are considered unlawful?

Deductions for the employer's cost of doing business, such as broken dishes or uniforms.

What is the minimum wage set by the Idaho Minimum Wage Law?

$7.25 per hour.

What is the minimum direct compensation for tipped employees in Idaho?

$3.35 per hour.

What does Idaho law allow employers to pay for the first 90 days of an employee's employment?

$4.25 per hour.

What does Idaho law forbid municipalities from doing regarding minimum wage?

Passing ordinances or actions that create a higher local minimum wage.

What does the Idaho Wage Claim Act require from employers regarding wage payments?

Employers must pay all wages due by the next scheduled payday or within 10 days of separation.

What happens if employers fail to pay wages as required by the Idaho Wage Claim Act?

Wages continue to accrue for up to 15 days, with a maximum of $750, and employees can claim treble damages and attorney fees.

What protections does the Idaho Wage Claim Act provide to employees who make wage claims?

Employers cannot retaliate against employees who make wage claims.

What is included in the broad definition of 'compensation' under Idaho law?

Hourly pay, salary, commission, bonuses, earned vacation, and severance pay.

What does FLSA stand for?

Fair Labor Standards Act

Who can be paid less than the minimum wage under the FLSA?

Certain specific employees, such as tipped workers and youth employees during their first 90 days.

What is the minimum wage for youth employees under 20 during their first 90 days?

$4.25 per hour

What is the minimum weekly salary for salaried employees to be exempt from minimum wage and overtime calculations?

$684 per week

What are the primary duties of employees in executive roles under FLSA exemptions?

Managing the enterprise

What defines administrative roles for FLSA exemptions?

Primary duties involving work related to management

What are the two types of professional roles exempt under the FLSA?

Learned professionals (intellectual work) and creative professionals (artistic work)

Which employees are exempt due to their roles involving computers?

Employees such as programmers or software engineers

What is required for employees of seasonal establishments to be exempt?

The establishment must operate for no more than seven months or have average receipts less than 33 1/3 percent of total receipts.

What defines a farm's exemption under the FLSA?

Using less than 500 'man-days' of farm labor in any calendar quarter

Who are considered non-employees under the FLSA?

Bona fide interns, graduate research assistants, and student residential assistants

What is the limitation on hours for full-time college students working under the FLSA?

Cannot work more than 8 hours per day and 20 hours per week when school is in session

What percentage of the minimum wage can full-time college students be paid?

85 percent of the minimum wage

What types of workers may be exempt from overtime only?

Employees paid on commission, railroad, airplane, taxi service employees, certain news employees, and domestic service workers.

What is the significance of the $684 per week salary threshold?

It allows employers to avoid overtime calculations for exempt employees.

What are the conditions under which deductions from salaried pay are allowed?

For personal days, sick days (with a policy), jury fees, military pay, safety rule penalties, and unpaid disciplinary suspensions.

What is the role of graduate teaching assistants under the FLSA?

They are typically exempt under the learned professional exemption.

What is the status of graduate research assistants under the FLSA?

Typically considered non-employees as their work is part of the educational relationship.

What is the exemption for casual babysitters or companions to the elderly?

They are exempt from both minimum wage and overtime under the FLSA.

What is required for employees in outside sales roles to be exempt?

Their primary duty must involve making sales or obtaining orders.

What is the definition of tipped workers under the FLSA?

Employees who receive a significant portion of their income from tips.

What does the Family and Medical Leave Act (FMLA) provide?

Protections for employees who take unpaid leave for serious health conditions, childbirth, or adoption.

How long is the leave allowed under the FMLA?

12 weeks in any 12-month period, or 26 weeks for servicemembers caring for family members.

Who qualifies as a qualifying employer under the FMLA?

Any public sector employer regardless of size and any private sector employer with 50 or more employees.

What are the requirements for an employee to qualify for FMLA leave?

Must have worked 1,250 hours for the employer in the past 12 months and have been employed for at least 12 months.

What constitutes a serious health condition under the FMLA?

Conditions requiring inpatient care or continuing treatment, including chronic conditions and pregnancy.

Who are considered qualifying family members under the FMLA?

Immediate family members such as a spouse, child, or parent, and those for whom the employee stands 'in loco parentis.'

What does 'in loco parentis' mean in the context of FMLA?

It refers to having day-to-day responsibility to care for and financially support a child, without needing a biological or legal relationship.

What are the notice requirements for taking FMLA leave?

Employees must give 30 days notice for foreseeable leave and notice as soon as practicable for unforeseeable leave.

What happens if an employee does not provide proper notice for FMLA leave?

The employee's FMLA leave may be delayed or denied.

What are the employer's obligations during FMLA leave?

Employers must continue group health coverage and reinstate the employee to the same or equivalent job after leave.

What must an equivalent job offer after FMLA leave?

The same shift or general work schedule, similar duties, identical pay, and identical benefits.

What is the 'exclusive remedy' rule in worker's compensation?

Workers cannot sue employers for workplace injuries but must rely on worker's compensation benefits.

What is worker's compensation?

Mandatory programs providing partial wage replacement and benefits for workers injured on the job.

What factors influence worker's compensation benefits?

Severity of the injury, employee's wage, nature of the disability, and state law.

What is the significance of the term 'the grand bargain' in worker's compensation?

Workers give up the right to sue in exchange for access to medical expenses and wage replacement.

Which state does not require employers to maintain worker's compensation insurance?

Texas.

Who regulates worker's compensation in Idaho?

The Idaho Industrial Commission (IIC).

What role does the Idaho Industrial Commission (IIC) play?

It serves as an administrative court for adjudicating worker's compensation disputes.

What happens if there is a dispute regarding worker's compensation?

The dispute is adjudicated by the Idaho Industrial Commission.

Can employers deny reinstatement after FMLA leave?

Yes, if they have a legitimate reason and can prove it, but they may also be liable under the ADA.

What does federal law prohibit regarding FMLA leave?

Employers cannot interfere with a worker's right to take FMLA leave or punish them for doing so.

What is the consequence of an employer's actions that 'tend to chill' a worker's willingness to take FMLA leave?

Such actions are prohibited under federal law.

What must a claimant establish to receive workers' compensation?

The claimant must establish that they have suffered an industrial accident and a compensable injury resulting from that accident.

What is a compensable injury in the context of workers' compensation?

A personal injury arising out of and in the course of employment, with a causal connection between the injury and the work performed.

What is the basic income benefit percentage for workers' compensation?

67 percent of the worker's average weekly wage for the first 52 weeks of disability.

What happens to income benefits after the first 52 weeks of disability?

Workers may receive 68 percent of the average weekly state wage if income benefits are still needed.

What is the maximum cap for income benefits in workers' compensation?

Income benefits are capped at 90 percent of the average weekly state wage.

What is the minimum income benefit percentage for workers' compensation?

45 percent of the average weekly state wage.

What does the Employee Retirement Income Security Act (ERISA) of 1974 regulate?

It provides standards for retirement plans and healthcare plans in the private sector.

What are the requirements for retirement plans under ERISA?

Plan providers must provide information about plan features, and sponsors must ensure adequate funding.

What does ERISA define as a fiduciary?

Anyone who exercises discretionary authority over a plan is considered a fiduciary to participants.

What is the purpose of the grievance and appeals procedure required by ERISA?

To address conflicts with providers and plan managers.

What does the Consolidated Omnibus Budget Reconciliation Act (COBRA) allow?

It allows employees and their beneficiaries to continue healthcare coverage after losing their job.

What does the Health Insurance Portability and Accountability Act (HIPAA) prohibit?

It prohibits employer-sponsored health plans from refusing to cover preexisting conditions and bars discrimination based on health status.

What is a key requirement of the Affordable Care Act for employers?

Employers with 50 or more employees must provide affordable health coverage to employees working more than 30 hours a week.

What is a key privacy issue in the workplace?

Balancing employee privacy against the need to prevent employee wrongdoing.

What does HIPAA require regarding employee health information?

It requires that employers and medical providers keep individually identifiable health information (IIHI) confidential.

What does the Fair Credit Reporting Act (FCRA) require from employers?

Employers must obtain permission from job applicants before running background or credit checks.

What are 'ban-the-box' laws?

Laws that prohibit employers from checking an applicant's criminal record until after an interview or job offer.

What does the Drug-Free Workplace Act require?

It requires drug testing programs in federal workplaces and applies to federal contractors with significant contracts.

What are the limitations of drug testing in the private sector?

There are no federal protections, and state laws vary widely regarding when and how employers can conduct drug tests.

What is the Electronic Communications Privacy Act (ECPA)?

It prohibits unlawful interception of communications and protects employee-owned devices from monitoring.

What is the general principle regarding employee monitoring in the workplace?

Employers cannot monitor employees when they have a reasonable expectation of privacy.

What restrictions exist regarding GPS tracking of employees?

Some states require consent from employees before tracking their locations via GPS.