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.

Accepted Answer

To determine compliance with the minimum wage, an employee's weekly gross pay is divided by the number of hours worked to calculate the average hourly wage, which is then compared to the minimum wage.

Question 2

The FLSA does not contain a whistleblower clause.

Accepted Answer

The Fair Labor Standards Act (FLSA) does contain provisions that protect employees from retaliation for asserting their rights under the Act, effectively serving as a whistleblower clause.

Question 3

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

Accepted Answer

The Worker Adjustment and Retraining Notification (WARN) Act, which typically requires a sixty-day notice for plant closings and mass layoffs, includes exceptions for unforeseeable business circumstances, faltering companies, and natural disasters.

Question 4

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

Accepted Answer

The Employee Polygraph Protection Act (EPPA) prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment, with certain exceptions.

Question 5

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

Accepted Answer

The Fair Labor Standards Act (FLSA) provides guidelines on whether break and rest periods are compensable, but interpretations and applications can vary, leading to ongoing debates and legal challenges over specific circumstances and employer practices.

Question 6

Travel on company business is compensable time for nonexempt employees.

Accepted Answer

Travel time for nonexempt employees is generally considered compensable work time when it occurs during their normal working hours or when it is part of their principal activities, such as traveling to a different work site.

Question 7

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

Accepted Answer

The answer of The FLSA forbids an employer to work...

Question 8

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

Accepted Answer

Under the Fair Labor Standards Act (FLSA), an employee's job title alone does not determine their exemption status; the actual job duties and salary must meet specific criteria to qualify for exemption.

Question 9

Compensable time is time off in lieu of overtime compensation.

Accepted Answer

Compensable time refers to the hours an employee is entitled to be compensated for, including regular work hours and certain types of overtime, not time off in lieu of overtime compensation.

Question 10

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

Accepted Answer

The Fair Labor Standards Act (FLSA) was enacted in 1938, making it one of the older federal laws regulating the private sector workplace, not one of the most recent.

Question 11

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

Accepted Answer

Individual employees may be covered by the FLSA if their work involves them in interstate commerce or the production of goods for commerce, even if the employer is not covered.

Question 12

Mandatory training periods are usually not compensable.

Accepted Answer

Mandatory training periods are usually compensable because they are considered hours worked and are required by the employer, making them part of the job for which employees should be paid.

Question 13

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

Accepted Answer

Under the Fair Labor Standards Act (FLSA) in the United States, 16- and 17-year-olds may work unlimited hours in non-hazardous jobs, with no restrictions on the number of hours per day, unlike younger workers.

Question 14

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

Accepted Answer

The Fair Labor Standards Act (FLSA) does not require extra pay for weekend, night, or holiday work; it only requires overtime pay for hours worked over 40 in a workweek.

Question 15

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

Accepted Answer

Compensatory time is a form of overtime pay that allows employees to take time off instead of receiving overtime pay. In the private sector, compensatory time must be used within the pay period it was accrued, or it will be forfeited.

Question 16

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

Accepted Answer

Employers are required to pay the higher wage when state minimum wage rates exceed the federal minimum wage.

Question 17

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

Accepted Answer

The prevailing wage is determined by the Secretary of Labor and is the minimum wage for specific classes of workers, often used in government contracts to ensure fair compensation.

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.

Accepted Answer

A mass layoff is considered to have occurred when at least 500 employees (excluding part-time employees) are laid off.

Question 19

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

Accepted Answer

Under the Fair Labor Standards Act (FLSA), if the receptionist is performing her duties while eating lunch at her desk, such as answering the company's telephones, this time is considered work time and therefore must be compensated.

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.

Accepted Answer

The HR department plays a crucial role in ensuring compliance with the Fair Labor Standards Act (FLSA) by maintaining accurate records and documentation. This demonstrates the employer's good faith effort to adhere to the Act's requirements, such as minimum wage, overtime pay, and recordkeeping practices.

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