Deck 9: Wage and Workplace Regulation

Question 1

The FLSA does not regulate nor require which of the following?

A) Pay raises, fringe benefits, sick pay, or overtime pay
B) Minimum wages, holiday pay, discharge notices
C) Immediate payment of final wages or vacation time
D) Record keeping, minimum wages, or rest periods

Answer 1

C

Question 2

According to the FLSA, what are the maximum working hours per week and minimum wage currently established in the United States?

A) 44 hours; $6.50 per hour
B) 42 hours; $5.85 per hour
C) 40 hours; $7.00 per hour
D) 40 hours; $7.25 per hour

Answer 2

D

Question 3

Which of the following is the critical time period for the purposes of calculating overtime requirements under the FLSA?

A) Number of days per week that an employee works in excess of 8 hours
B) Number of hours worked over the maximum permitted during a 7-day work week
C) Number of hours worked over a 5-day period in excess of 40
D) Number of days worked in excess of 5 during any given work week

Answer 3

B

Question 4

According to the salary basis test for determining whether an employee is exempt as an administrative professional, which of the following must the employer demonstrate?

A) The employee's salary is at least $35,568
B) The employee's duties are primarily involved in administrative business functions
C) The employee is paid a set and fixed salary regardless of the number of hours actually worked
D) The employee is paid on a fixed schedule, usually, every other week

Question 5

If a sport organization is going to use interns (without pay) in their operations, it should take care to do which of the following?

A) Provide clear understanding that there is not an expectation of compensation
B) Provide training similar to that given in an educational environment including hands-on training
C) Provide accommodations for the intern's academic commitments
D) Tie the internship into a formal education program by the receipt of academic credit
E) Provide the intern with a job at the conclusion of the internship
F) All of the above
G) A through C
H) A through D
I) C through E

Question 6

OSHA has two primary regulatory functions, as follows:

A) Setting standards and inspecting workplaces
B) Inspecting workplaces and conducting health and safety research
C) Setting standards and regulating the workplaces of public employees
D) Supervising state safety boards and inspecting unsafe workplaces

Question 7

Which of the following is the OSHA standard/clause that requires that each employer furnish a place of employment that is free from recognized hazards?

A) Specific hazard standard
B) General safety standard
C) Specific duty clause
D) General duty clause

Question 8

The essential elements of a workers' compensation claim require that a compensable injury must have occurred, the injury must arise out of employment, and:

A) The injury was accidental
B) The injury was severe
C) The injury was not the fault of the employee
D) The injury was intentionally inflicted

Question 9

Professional athletes' efforts to seek workers compensation benefits in states other than those in which they reside has been curtailed using which of the following types of contractual provision found in most player contracts?

A) Mediation
B) Choice of Law
C) Transfer
D) Home State Performance

Question 10

Why are most college athletes unsuccessful in recovering workers' compensation benefits?

A) They are not considered professionals
B) They are not considered employees
C) They have waived their rights to benefits
D) They received no direct financial benefits for their participation

Question 11

Enterprise coverage under the FLSA applies to employees who work for businesses with at least 20 employees and that do at least $1,500,000 a year in business.

Question 12

Employers are required to pay extra to an employee who works on a holiday.

Question 13

An employee's job title will determine whether they are an exempt employee for such purposes as minimum wage and overtime pay requirements under FLSA.

Question 14

The Department of Labor is responsible for investigating alleged violations of the FLSA.

Question 15

An employee is entitled to workers' compensation benefits for any work-related injury or illness regardless of who was at fault.

Question 16

Administrative exemptions from FLSA apply to any person working in a management position.

Question 17

The use of unpaid interns in the sport industry is permitted under FLSA if the employer can prove it is entitled to an exemption.

Question 18

An athletic trainer is most likely subject to both specific hazard standards and the general duty clause of OSHA.

Question 19

An injury occurring during work hours will generally arise out of employment for purposes of workers' compensation.

Question 20

The modern rule regarding college student-athletes is that they are not employees for purposes of workers' compensation.

Question 21

Identify the seven criteria required by the Department of Labor to qualify for the intern exemption from minimum wage and overtime laws.

Question 22

Identify the five factors that courts often consider when determining whether an injury arose out of the employment of the injured employee.

Question 23

You are the director of stadium operations for a professional sports team. Your assistant director of stadium operations has recently retired, so you have decided to create two new full-time positions for the duties previously performed by the assistant director. The first position's job title will be Assistant Director for Field Operations, and the second position's job title will be Assistant Director for Vendor Contracts and Procurement. The field operations position will be responsible for coordinating game day preparations and operations, including security, set-up, usher coordination, maintenance, and stadium signage. This position will supervise a staff of two full-time operations assistants. The procurement position will be responsible for negotiating and administering all vendor agreements, including concessions, merchandise, security, and in-stadium signage displays. This position will work fairly independently with the aid of an administrative assistant.
What primary wage and/or salary issues should be addressed when writing the descriptions for these positions to ensure that these positions qualify for one of the white-collar exemptions to the FLSA?