Section 2: Federal And State Wage-hour Laws

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Section 2: Federal And State Wage-hour Laws - Quiz


Questions and Answers
  • 1. 

    The FLSA always overrides any state wage-hour law

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    The FLSA (Fair Labor Standards Act) does not always override any state wage-hour law. While the FLSA sets the federal standards for minimum wage, overtime pay, and other labor regulations, states are allowed to have their own wage-hour laws that provide additional protections for workers. In cases where state laws offer greater benefits or protections than the FLSA, the state laws will take precedence. Therefore, the statement that the FLSA always overrides any state wage-hour law is false.

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  • 2. 

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

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    The workweek is indeed the basic unit for determining the proper wages due to employees. It is a standard measure of time that defines the number of hours an employee is expected to work in a week. This is important because it helps determine the regular rate of pay, overtime pay, and other wage-related calculations. By using the workweek as a basis, employers can ensure that employees are compensated fairly and in accordance with labor laws and regulations.

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  • 3. 

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

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay, recordkeeping, and child labor standards for employees in the private sector and in federal, state, and local governments. It applies to most employees, including those working in hospitals, regardless of the hospital's annual revenue. This means that hospital workers are entitled to the protections and benefits provided by the FLSA, such as minimum wage and overtime pay, regardless of how much money the hospital makes. Therefore, the statement is true.

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  • 4. 

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

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    The job title alone is not a strong factor in determining whether an employee is exempt from the minimum wage and overtime provisions of the FLSA. The FLSA primarily focuses on the job duties performed by the employee rather than their job title. The actual tasks and responsibilities carried out by the employee are what determine their exempt or non-exempt status.

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  • 5. 

    Employers that enter into an agreement with their employees is exempt from the minimum wage and overtime provision of the FLSA

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    The statement is true because the Fair Labor Standards Act (FLSA) allows employers to enter into agreements with their employees that exempt them from the minimum wage and overtime provisions. These agreements are known as "exemptions" and are typically used for certain types of employees, such as those in executive, administrative, or professional roles. However, it is important to note that these exemptions have specific criteria that must be met in order for the agreement to be valid.

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  • 6. 

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

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    FLSA (Fair Labor Standards Act) wages include the fair market value of facilities such as board and lodging. This means that when calculating wages under the FLSA, the value of these facilities provided to employees must be included. This is because the FLSA requires that employees receive at least the federal minimum wage for all hours worked, and including the fair market value of facilities helps ensure that this requirement is met. Therefore, the statement is true.

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  • 7. 

    The FLSA requires overtime pay at 1 1/2 times the employees regular hourly rate of pay

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    The Fair Labor Standards Act (FLSA) mandates that employees must be paid overtime at a rate of 1 1/2 times their regular hourly rate of pay. This means that for every hour worked beyond the standard 40 hours in a workweek, employees are entitled to receive additional compensation at a higher rate. This provision ensures that employees are fairly compensated for their extra time and encourages employers to limit excessive work hours. Therefore, the statement "The FLSA requires overtime pay at 1 1/2 times the employees regular hourly rate of pay" is true.

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  • 8. 

    The FLSA requires overtime pay for hours worked on Sunday

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    The FLSA, or Fair Labor Standards Act, does not specifically require overtime pay for hours worked on Sunday. The Act only requires that non-exempt employees be paid overtime for any hours worked over 40 in a workweek. While some employers may choose to provide additional compensation for Sunday work, it is not a requirement under the FLSA. Therefore, the statement that the FLSA requires overtime pay for hours worked on Sunday is false.

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  • 9. 

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

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    The statement is false because the Fair Labor Standards Act (FLSA) does not require employers to give rest periods to employees. While some states may have laws that mandate rest breaks, the FLSA only requires employers to provide meal breaks for employees who work more than a certain number of hours in a day. Rest periods, on the other hand, are typically left to the discretion of the employer and are not mandated by federal law.

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  • 10. 

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

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    The statement is false because according to the Fair Labor Standards Act (FLSA), employees are not considered to be working during bona fide meal periods. Bona fide meal periods are typically defined as periods of time where employees are completely relieved from their work duties and are free to use the time for their own purposes. During these meal periods, employees are not under the control or direction of their employer, and therefore the time spent is not considered as working time.

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  • 11. 

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

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    The FLSA does not require employers to pay employees for hours not worked because of illness. The FLSA only requires employers to pay employees for actual hours worked, with some exceptions such as paid sick leave under certain circumstances. However, there is no general requirement to pay employees for time off due to illness under the FLSA.

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  • 12. 

    The FLSA does not require that an employees preliminary and postliminary activities be counted as time worked

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    The Fair Labor Standards Act (FLSA) does not mandate that the time spent on preliminary and postliminary activities by employees should be considered as time worked. This means that employers are not required to include the time spent on tasks such as donning and doffing protective gear, commuting to and from work, or other activities that are not directly related to the employees' primary job duties when calculating their working hours. Therefore, the statement "The FLSA does not require that an employee's preliminary and postliminary activities be counted as time worked" is true.

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  • 13. 

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

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    The given statement is false. To determine gross earnings, the total overtime earnings are added to the total regular earnings, not subtracted. Subtracting the total overtime earnings from the total regular earnings would result in a lower gross earnings calculation, which is incorrect.

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  • 14. 

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

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    The statement is true. The FLSA, which stands for the Fair Labor Standards Act, is indeed commonly known as the Federal Wage-Hour Law. This law was enacted in 1938 and establishes various labor standards, including minimum wage, overtime pay, and child labor regulations, to protect workers in the United States. The FLSA is enforced by the Wage and Hour Division of the U.S. Department of Labor.

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  • 15. 

    Sharon works in Oregon where the minimum hourly wage is $8.40. At the 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

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    The statement is false because if Sharon is covered by both the state wage-hour law and the FLSA, she must be paid the higher of the two minimum hourly wages. In this case, the state minimum wage in Oregon is $8.40, which is higher than the federal minimum wage of $7.25. Therefore, Sharon must be paid at least $8.40 per hour.

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  • 16. 

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

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    The statement is true because the Fair Labor Standards Act (FLSA) excludes mom and pop shops, which are small family-owned businesses, from its coverage if the only employees working there are immediate family members. This means that these businesses are not required to comply with the FLSA's regulations regarding minimum wage, overtime pay, and other employment standards.

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  • 17. 

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

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    Exempt employees are not entitled to receive the required minimum wage or overtime payments because they are exempt from the Fair Labor Standards Act (FLSA) regulations. This means that they are excluded from the laws that mandate minimum wage and overtime pay for non-exempt employees. Exempt employees typically include executive, administrative, professional, and certain other types of employees who meet specific criteria set by the FLSA. As a result, employers are not legally obligated to pay them minimum wage or overtime, making the statement true.

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  • 18. 

    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

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    The Portal to Portal Act of 1947 is a federal law that establishes guidelines for determining what constitutes compensable work time. According to this act, travel time spent commuting from home to work and work to home is generally not considered compensable work time. This means that employees are not entitled to be paid for the time they spend traveling to and from their workplace. Therefore, the statement "True" is correct.

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  • 19. 

    Seamen working foreign ships are fully exempt from the FLSA's minimum wage and overtime requirements.

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    Seamen working on foreign ships are exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). This exemption is because foreign ships are typically subject to the labor laws of their own country, rather than those of the United States. Therefore, seamen on these ships are not entitled to the same protections and benefits provided by the FLSA, including minimum wage and overtime pay.

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  • 20. 

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

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    Taxicab drivers are not exempt from the minimum wage and overtime requirements of the FLSA. The Fair Labor Standards Act (FLSA) establishes minimum wage and overtime pay standards for most employees, including taxicab drivers. Therefore, taxicab drivers are entitled to receive at least the minimum wage and overtime pay as per the FLSA regulations.

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  • 21. 

    For a 40 hour workweek, Paul is paid $270. This is a violation of the FLSA

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    The Fair Labor Standards Act (FLSA) sets standards for minimum wage, overtime pay, and other labor regulations in the United States. According to the FLSA, the minimum wage for a 40-hour workweek should be higher than $270. Therefore, if Paul is being paid $270 for a 40-hour workweek, it is below the minimum wage requirement and considered a violation of the FLSA. Hence, the answer is true.

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  • 22. 

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

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    Wages other than cash are not included in the minimum wage calculation if they primarily benefit the employer. This means that if the non-cash wages primarily benefit the employee, they may be included in the minimum wage calculation. However, if they primarily benefit the employer, they are not considered when calculating the minimum wage.

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  • 23. 

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

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    The Fair Labor Standards Act (FLSA) indeed mandates that employers must pay tipped employees a cash wage of $2.13 per hour. However, it is important to note that this cash wage is only applicable if the employee's tips combined with the cash wage amount to at least the federal minimum wage. If the employee's tips do not reach the minimum wage, the employer is required to make up the difference.

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  • 24. 

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

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    Service charges that are automatically added to a customer's bill are not classified as tips. Tips are voluntary payments made by customers to service staff, while service charges are mandatory fees added by the establishment. These service charges are typically used to cover costs such as wages, benefits, and operational expenses. Therefore, they cannot be considered as tips and should not be included when determining whether the minimum wage has been paid.

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  • 25. 

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

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    The statement is false because while it is true that the employer may require the mechanic to wear specific work clothes, the reimbursement for laundering those clothes is not mandatory. It is up to the employer's discretion whether or not they provide reimbursement for this expense.

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  • 26. 

    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

    Correct Answer
    A. National Labor Relations Board
    Explanation
    The National Labor Relations Board (NLRB) is a government agency responsible for enforcing labor laws, including the Equal Pay Act. The NLRB oversees the rights of employees to engage in collective bargaining and protects against unfair labor practices. While the Equal Employment Opportunity Commission (EEOC) also plays a role in enforcing equal pay laws, it primarily focuses on other aspects of employment discrimination. The Wage and Hour Division is part of the Department of Labor and is responsible for enforcing minimum wage and overtime pay laws. The Federal Trade Commission (FTC) is primarily focused on consumer protection and antitrust laws, not equal pay enforcement.

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  • 27. 

    Which of the following conditions of employment is governed by the FLSA

    • A.

      The frequency of pay for employees

    • B.

      Record-keeping requirements

    • C.

      Hours worked by employees over the age of 16

    • D.

      Lunch and rest break requirements

    Correct Answer
    B. Record-keeping requirements
    Explanation
    The correct answer is record-keeping requirements. The Fair Labor Standards Act (FLSA) governs various aspects of employment, including minimum wage, overtime pay, and record-keeping requirements. Under the FLSA, employers are required to keep accurate records of employees' hours worked, wages earned, and other employment-related information. This helps to ensure compliance with the law and protect employees' rights. The frequency of pay, hours worked by employees over the age of 16, and lunch and rest break requirements may be governed by state or local laws, but they are not specifically addressed by the FLSA.

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  • 28. 

    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 hr

    • B.

      $10.00 Hr

    • C.

      29.967 Hr

    • D.

      27.63 Hr

    Correct Answer
    D. 27.63 Hr
    Explanation
    The minimum wage that hourly paid computer professionals must be paid to be exempt from the overtime requirements of the FLSA is $27.63/hr. This means that computer professionals who are paid at least this amount per hour are not entitled to receive overtime pay for working more than 40 hours in a week.

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  • 29. 

    What is the FLSA salary test for outside salespersons?

    • A.

      $425 per workweek

    • B.

      $250 per workweek

    • C.

      $455 per workweek

    • D.

      The is no salary minimum

    Correct Answer
    D. The is no salary minimum
    Explanation
    The correct answer is "there is no salary minimum." This means that according to the FLSA (Fair Labor Standards Act), there is no specific minimum salary requirement for outside salespersons. Unlike other positions that may have a minimum salary threshold to qualify for certain exemptions, outside salespersons are not subject to a specific salary test. Instead, their exemption status is determined by their primary job duty of making sales or obtaining orders for the company's products or services while regularly working away from the employer's place of business.

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  • 30. 

    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

    Correct Answer
    A. 40
    Explanation
    Under the Fair Labor Standards Act (FLSA), a nonexempt employee is entitled to receive overtime premium pay for any hours worked beyond 40 in a workweek. This means that the maximum number of hours a nonexempt employee can work in a workweek before overtime premium pay is due is 40.

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  • 31. 

    Barbara is an hourly paid employee making $7.48 per hour. She is schedules 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

    Correct Answer
    B. $332.86
    Explanation
    The FLSA (Fair Labor Standards Act) requires that employees be paid at least the federal minimum wage for every hour worked, and that they receive overtime pay at a rate of 1.5 times their regular hourly wage for any hours worked over 40 in a week. Barbara worked 43 hours, so she is entitled to 40 hours at her regular rate of $7.48 per hour, which is $299.20. She is also entitled to 3 hours of overtime pay at a rate of $11.22 per hour (1.5 times her regular rate), which is $33.66. Adding these amounts together, the minimum gross pay she must receive is $332.86.

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  • 32. 

    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

    Correct Answer
    B. Fair Labor Standards Act
    Explanation
    The Fair Labor Standards Act (FLSA) established minimum wage and overtime standards in the U.S. This law was enacted in 1938 and it sets the federal minimum wage, currently at $7.25 per hour, and requires employers to pay overtime wages to eligible employees who work more than 40 hours in a week. The FLSA also includes provisions regarding child labor, equal pay, and record-keeping requirements for employers. It is an important piece of legislation that protects workers' rights and ensures fair compensation for their work.

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  • 33. 

    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 be paid for

    • A.

      0

    • B.

      1

    • C.

      1.5

    • D.

      3

    Correct Answer
    D. 3
    Explanation
    Sam's regular workweek consists of 40 hours. In week one, he worked 38 hours, which is less than his regular workweek. In week two, he worked 43 hours, which is more than his regular workweek. Any hours worked beyond the regular workweek are considered overtime hours. Since Sam worked 3 hours more than his regular workweek in week two, he must be paid for 3 overtime hours.

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  • 34. 

    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

    Correct Answer
    B. Overtime Pay Requirements
    Explanation
    Employees covered by collective bargaining agreements may be exempt from the overtime pay requirements of the FLSA. This means that if an employee is part of a union and their employment terms and conditions are negotiated through collective bargaining, they may not be entitled to receive overtime pay for working more than 40 hours in a week. This exemption allows for more flexibility in setting working hours and compensation for employees who are covered by these agreements.

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  • 35. 

    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

    Correct Answer
    B. Equal Pay for Equal Work
    Explanation
    The Portal to Portal Act governs various aspects of employment, including travel time, de minimis time, and preliminary and postliminary activities. However, it does not specifically address the issue of equal pay for equal work. This means that while the Act may regulate other areas related to compensation and working hours, it does not provide specific guidelines or protections regarding equal pay for employees performing the same work.

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  • Current Version
  • May 06, 2024
    Quiz Edited by
    ProProfs Editorial Team
  • Feb 11, 2011
    Quiz Created by
    Mscoral410
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