Complianceonline Fair Labor Standards Act (Flsa) Quiz

1. According to the FLSA, should the workweek coincide with the calendar week?

Yes – it should begin on a Monday and end on a Friday

No – it can start on a day of the week of the employer’s choosing

The correct answer is No – it can start on a day of the week of the employer’s choosing. According to the Fair Labor Standards Act (FLSA), there is no requirement for the workweek to coincide with the calendar week. Employers have the flexibility to choose any day of the week as the start of their workweek. This allows employers to align the workweek with their specific operational needs or industry practices.

Explanation

The correct answer is No – it can start on a day of the week of the employer’s choosing. According to the Fair Labor Standards Act (FLSA), there is no requirement for the workweek to coincide with the calendar week. Employers have the flexibility to choose any day of the week as the start of their workweek. This allows employers to align the workweek with their specific operational needs or industry practices.

2. For non-exempt employees, would travel between job sites during a normal work day be considered work time?

Yes

No

Travel between job sites during a normal work day for non-exempt employees would be considered work time because it is part of their job duties and is necessary for them to perform their work. This travel time should be compensated according to the Fair Labor Standards Act (FLSA) regulations, which require employers to pay employees for all hours worked, including travel time between job sites.

Explanation

Travel between job sites during a normal work day for non-exempt employees would be considered work time because it is part of their job duties and is necessary for them to perform their work. This travel time should be compensated according to the Fair Labor Standards Act (FLSA) regulations, which require employers to pay employees for all hours worked, including travel time between job sites.

3. What is the employee's exempt status based upon?

Job title

Job description

Actual duties performed

Employer’s discretion/judgment

The employee's exempt status is based upon the actual duties performed. This means that the determination of whether an employee is exempt or non-exempt from certain labor laws, such as overtime pay, is not solely based on their job title, job description, or the employer's discretion. Instead, it is determined by the specific tasks and responsibilities that the employee actually performs in their role.

Explanation

The employee's exempt status is based upon the actual duties performed. This means that the determination of whether an employee is exempt or non-exempt from certain labor laws, such as overtime pay, is not solely based on their job title, job description, or the employer's discretion. Instead, it is determined by the specific tasks and responsibilities that the employee actually performs in their role.

4. Katy is a personal assistant to an Executive Director and most of her work involves administrative duties like processing invoices, maintaining filing systems, scheduling meetings for top management etc. She is paid USD 450 per week. Does she qualify for an exemption under the FLSA?

Yes, since she’s doing administrative tasks

No, since she earns less than USD 455 per week

According to the Fair Labor Standards Act (FLSA), in order to qualify for an exemption, an employee must earn at least USD 455 per week. In this case, Katy is earning USD 450 per week, which is less than the required amount. Therefore, she does not qualify for an exemption under the FLSA.

Explanation

According to the Fair Labor Standards Act (FLSA), in order to qualify for an exemption, an employee must earn at least USD 455 per week. In this case, Katy is earning USD 450 per week, which is less than the required amount. Therefore, she does not qualify for an exemption under the FLSA.

5. If a non-exempt employee is given a Blackberry and he or she checks email and replies to voicemail outside of work hours, would the employee have to be paid for this?

No, since it’s outside of normal work hours

Yes, he or she should be paid even if the employee is doing this without being asked to

The correct answer is "Yes, he or she should be paid even if the employee is doing this without being asked to." According to the Fair Labor Standards Act (FLSA), non-exempt employees must be paid for all hours worked, including any work performed outside of normal work hours. This includes checking emails and replying to voicemails on a Blackberry. Even if the employee is doing this voluntarily and without being asked to, they are still entitled to compensation for their time.

Explanation

The correct answer is "Yes, he or she should be paid even if the employee is doing this without being asked to." According to the Fair Labor Standards Act (FLSA), non-exempt employees must be paid for all hours worked, including any work performed outside of normal work hours. This includes checking emails and replying to voicemails on a Blackberry. Even if the employee is doing this voluntarily and without being asked to, they are still entitled to compensation for their time.

6. How often does the FLSA require employees to evaluate worker performance?

Every quarter

Once in six months

Once a year

It doesn’t require performance evaluations

The Fair Labor Standards Act (FLSA) does not have any specific requirements for employee performance evaluations. This means that employers are not obligated by law to conduct regular performance evaluations for their employees. While performance evaluations can be beneficial for both employers and employees, the FLSA does not mandate their frequency or implementation. Therefore, the correct answer is that the FLSA does not require performance evaluations.

Explanation

The Fair Labor Standards Act (FLSA) does not have any specific requirements for employee performance evaluations. This means that employers are not obligated by law to conduct regular performance evaluations for their employees. While performance evaluations can be beneficial for both employers and employees, the FLSA does not mandate their frequency or implementation. Therefore, the correct answer is that the FLSA does not require performance evaluations.

7. According to the FLSA, how many hours per week can an employee older than 16 years work?

50 hours per week

40 hours per week

30 hours per week

The FLSA does not require a limit on hours per week for employees older than 16

The Fair Labor Standards Act (FLSA) does not impose a specific limit on the number of hours per week that an employee older than 16 years can work. This means that there is no maximum or minimum requirement set by the FLSA regarding the number of hours that an employee of this age group can work in a week.

Explanation

The Fair Labor Standards Act (FLSA) does not impose a specific limit on the number of hours per week that an employee older than 16 years can work. This means that there is no maximum or minimum requirement set by the FLSA regarding the number of hours that an employee of this age group can work in a week.

8. According to the FLSA, when is double time pay due?

The FLSA does not require double time pay

When the hours worked in a day exceed 12

When the hours worked in a week exceed 40

According to the given answer, the Fair Labor Standards Act (FLSA) does not mandate employers to provide double time pay. The FLSA only requires employers to pay overtime at a rate of 1.5 times the regular rate of pay when employees work more than 40 hours in a workweek. Therefore, double time pay is not a legal requirement under the FLSA.

Explanation

According to the given answer, the Fair Labor Standards Act (FLSA) does not mandate employers to provide double time pay. The FLSA only requires employers to pay overtime at a rate of 1.5 times the regular rate of pay when employees work more than 40 hours in a workweek. Therefore, double time pay is not a legal requirement under the FLSA.

9. A company's salesmen visit customers to do sales presentations, but complete most sales from their offices at company HQ. Would they be exempt from FLSA requirements?

Yes, since they visit customers

No, since they complete sales from their offices and therefore do not qualify for outside sales exemption

The company's salesmen would not be exempt from FLSA requirements because even though they visit customers to do sales presentations, they ultimately complete most sales from their offices at company HQ. This means they do not qualify for the outside sales exemption, which requires that sales employees make sales or obtain orders outside of the employer's place of business.

Explanation

The company's salesmen would not be exempt from FLSA requirements because even though they visit customers to do sales presentations, they ultimately complete most sales from their offices at company HQ. This means they do not qualify for the outside sales exemption, which requires that sales employees make sales or obtain orders outside of the employer's place of business.

10. Which of the following is included in the regular rate?

Discretionary bonuses

Employee contributions for benefits

On Call or On Duty Pay

Stock option grants

On Call or On Duty Pay is included in the regular rate because it is a form of compensation that is paid to employees for being available or being on call for work. This pay is considered part of the regular rate because it is directly related to the employee's job duties and is not considered a discretionary bonus or a benefit contribution. Stock option grants, discretionary bonuses, and employee contributions for benefits are not typically included in the regular rate as they are separate forms of compensation.

Explanation

On Call or On Duty Pay is included in the regular rate because it is a form of compensation that is paid to employees for being available or being on call for work. This pay is considered part of the regular rate because it is directly related to the employee's job duties and is not considered a discretionary bonus or a benefit contribution. Stock option grants, discretionary bonuses, and employee contributions for benefits are not typically included in the regular rate as they are separate forms of compensation.