Deck 9: Compensation: Wage, Hour, and Related Statutes

Question 1

To determine whether an employer is in compliance with the minimum wage, the employee's weekly gross pay is multiplied by the number of hours worked.

Answer 1

False

Question 2

The FLSA does not contain a whistleblower clause.

Answer 2

False

Question 3

A sixty-day notice is still required, even if the plant closing resulted from a natural disaster.

Answer 3

False

Question 4

The EPPA does not allow indiscriminate use of polygraphs in investigations.

Question 5

There is still considerable debate over whether or not break and rest periods are compensable time.

Question 6

Travel on company business is compensable time for nonexempt employees.

Question 7

The FLSA forbids an employer to work her 15 year-old son more than three hours per day on school days.

Question 8

An employee's title is meaningless when establishing bona fide status under the FSLA.

Question 9

Compensable time is time off in lieu of overtime compensation.

Question 10

The FLSA is one of the most recent statutes regulating the private sector workplace.

Question 11

Even when the employer is not covered under the FLSA, individual employees may be covered.

Question 12

Mandatory training periods are usually not compensable.

Question 13

Workers aged sixteen and seventeen are limited to working no more than three hours per day on school days.

Question 14

The FLSA contains a provision requiring employers to provide premium pay for weekend, night, or holiday work.

Question 15

In the private sector, compensatory time must be used within the pay period it was accrued.

Question 16

When state minimum wage requirements exceed the federal minimum wage, employers are free to choose which wage they will pay.

Question 17

The prevailing wage is the minimum wage established for each class of workers as determined by the Secretary of Labor.

Question 18

In any instance in which at least five hundred employees (excluding any part-time employees) are laid off a mass layoff is considered to have occurred.

Question 19

A receptionist who eats lunch at her desk while answering the company's telephones would not be entitled to compensation.

Question 20

The most important function of the HR department, with regard to the FLSA, is keeping the necessary documentation to substantiate the employer's good faith effort to comply with the Act's provisions.

Question 21

The FLSA was enacted in:

A)1938
B)1952
C)1964
D)1991

Question 22

The FLSA as enacted requires a minimum for __________ employees.

A)nonexempt
B)part-time
C)fulltime
D)A & C only

Question 23

Which of the following is a nonexempt employee under the FLSA?

A)bona fide administrative employee
B)outside sales person
C)elected official
D)none of the above

Question 24

A __________-factor test was developed by the IRS to gauge the substance of the relationship between an independent contractor and employer.

A)fifteen
B)twenty
C)twenty-five
D)thirty

Question 25

__________ is time off in lieu of overtime compensation.

A)Compensable time
B)Compensatory time
C)Vacation time
D)Time and a half

Question 26

Compensatory time is given to the employee at a rate of __________.

A)one hour compensatory time for each hour worked over 40.
B)one and a half hours compensatory time for each hour worked over 40.
C)two hours compensatory time for each hour worked over 40.
D)compensatory time is only permitted in the public sector.

Question 27

The __________ places limitations on an employer's use of child labor.

A)FLSA
B)OSHA
C)NLRB
D)OFCCP

Question 28

Which company in the text had "freelancers" who were essentially treated like independent contractors until the court ruled them common law employees?

A)Apple
B)Wal-Mart
C)Microsoft
D)Home Depot

Question 29

____ per hour is the current federal minimum wage?

A)$5.15
B)$6.25
C)$7.85
D)None of the above

Question 30

To be eligible for bona fide executive status under the FLSA, a manager in the retail sector cannot spend more than ____ percent of his/her time performing nonmanagement activities.

A)40
B)50
C)60
D)20

Question 31

Normally, travel time to and from the place of employment is __________.

A)compensatory time
B)compensable time
C)not compensatory time
D)not compensable time

Question 32

As of 2009, the FLSA requires an employer to pay a tipped employee (one who regularly receives more than $30.00 per month in tips) not less than _____ an hour.

A)$2.13
B)$3.26
C)$3.50
D)$4.00

Question 33

The FLSA was intended to lessen the effects of:

A)World War I.
B)World War II.
C)the Great Depression.
D)the Gulf War.

Question 34

__________ refers to the difference between situations in which employees are entitled to be paid for their time and when they are not.

A)Overtime
B)Compensatory time
C)Compensable time
D)Prevailing wage

Question 35

Which of the following would be exempted from the FLSA protection?

A)Bona fide executive
B)Independent contractor
C)Parent
D)All of the above

Question 36

Workers aged __________ may work no more than 40 hours a day during nonschool weeks.

A)18 and up
B)16 and 17
C)14 and 15
D)None of the above

Question 37

One way to be classified as a bona fide __________ is if an employee's job responsibilities are tied to performing work that is original and creative in character in a recognized field of artistic endeavor.

A)executive
B)professional
C)administrator
D)educator

Question 38

The subminimum wage for full-time students is an amount not less than _____ percent of the current national minimum wage.

A)55
B)65
C)75
D)85

Question 39

Workers aged __________ may work an unlimited number of hours, but cannot work in hazardous job settings.

A)18 and up
B)16 and 17
C)14 and 15
D)12 and 13

Question 40

Which of the following was created by the FLSA?

A)minimum wage
B)limitations on child labor
C)overtime
D)all of the above

Question 41

Under the EPPA, polygraph testing may be used by:

A)federal, state, and local government employers
B)pharmaceutical companies
C)private sector employers who provide security services
D)All of the above

Question 42

Which of the following is considered when determining whether an employer has willfully violated the FLSA?

A)the number of employees affected by the violation
B)the employer's previous history of violations
C)the employer's explanation for the violations
D)All of the above

Question 43

Explain the circumstances under which an employer has a legal obligation to inform employees of plant closings or major layoffs.

Question 44

Provide three (3) of the "federal contract" compensation laws discussed in class.What are the employer's compliance requirements of each? Which contract law also requires employers to provide fringe benefits?

Question 45

In the event of an investigation by the Wage and Hour Division, the employer is responsible for making payroll records available within:

A)two days
B)three days
C)one work week
D)two work weeks

Question 46

Which of the following is required by the FSLA?

A)premium pay for weekend or holiday work
B)pay raises or fringe benefits
C)overtime
D)meal or rest periods

Question 47

Describe the basic provisions of the Fair Labor Standards Act.

Question 48

WARN requires covered employers to provide a __________ written notice to employees in the event of a plant closing or mass layoff.

A)thirty-day
B)forty-day
C)fifty-day
D)sixty-day

Question 49

When investigating FSLA complaints, the __________ will examine all of the employer's payroll records.

A)National Labor Relations Board
B)Office of Federal Contract Compliance Programs
C)Wage and Hour Division
D)Office of Labor Management Standards

Question 50

When an employer has failed to pay employees the minimum wage or overtime due under the FLSA, the employer is liable for paying:

A)only the complaining party
B)only employees within the division found in violation
C)all affected employees, as long as they are current employees
D)all affected employees, even employees who no longer work there

Question 51

The __________ requires employers to pay their employees the prevailing wage for the geographic area in which the work is being performed and covers any employer who holds a federal construction contract in excess of $2,000.

A)Service Contract Act
B)Davis-Bacon Act
C)Walsh-Healey Act
D)Worker Adjustment and Retraining Notification Act

Question 52

A mass layoff occurs when a reduction in force involves at least a __________ of the employees (excluding part-time employees), and at least fifty employees are laid off for at least a thirty-day period.

A)third
B)fourth
C)half
D)sixth

Question 53

Why did the FLSA enact overtime? Does this philosophy still work in today's working environment?

Question 54

The __________ applies to contractors and subcontractors who hold federal contracts or subcontracts for the manufacture or furnishing of materials, supplies, articles, and equipment in any amount exceeding $10,000.

A)Service Contract Act
B)Davis-Bacon Act
C)Walsh-Healey Act
D)Worker Adjustment and Retraining Notification Act