Fair Labor Standards Act Quiz
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Questions and Answers

Which of the following is NOT a requirement for an employee to be exempt under the overtime exemption?

  • Providing their own equipment (correct)
  • Having advanced knowledge
  • Being paid on a salary basis
  • Exercising discretion

    • Which of the following factors is NOT analyzed to determine whether a worker is an employee or an independent contractor?

  • Whether the individual can set their own schedule
  • Whether the individual is free to perform the services on the employer's premises or elsewhere
  • Whether the individual is performing the same services for other companies
  • Whether the individual provides their own transportation (correct)

    • How long should employee records be kept according to the text?

  • 10 years
  • 1 year
  • 5 years
  • 3 years (correct)

    • If a state has a minimum wage that is higher than the federal minimum wage, which wage must be paid?

    <p>The higher state wage</p> Signup and view all the answers

    Which of the following forms of compensation is NOT considered wages?

    <p>Vacation time</p> Signup and view all the answers

    In a variable workweek method of pay, what do employees receive for hours worked over 40?

    <p>Time and a half</p> Signup and view all the answers

    What does the Equal Pay Act prohibit?

    <p>Pay discrimination based on sex</p> Signup and view all the answers

    When must caretakers who live at the funeral home be paid?

    <p>When they are performing duties for the funeral home</p> Signup and view all the answers

    Do on-call employees need to be paid for their time on-call if they are 'waiting to be engaged'?

    <p>No</p> Signup and view all the answers

    Which agency enforces the ADA related to employment?

    <p>Equal Employment Opportunity Commission</p> Signup and view all the answers

    According to the text, what is considered a disability?

    <p>All of the above</p> Signup and view all the answers

    What is the responsibility of the employee regarding accommodation?

    <p>To request accommodation</p> Signup and view all the answers

    What is the definition of undue hardship?

    <p>A hardship determined on a case-by-case basis</p> Signup and view all the answers

    Which factors are considered when determining undue hardship?

    <p>All of the above</p> Signup and view all the answers

    Which federal law prohibits employment discrimination based on race, color, religion, and national origin?

    <p>Title VII of the Civil Rights Act of 1964</p> Signup and view all the answers

    Which government agency enforces Title VII of the Civil Rights Act?

    <p>EEOC</p> Signup and view all the answers

    What must an employee or job applicant do before they have the right to sue in federal court for employment discrimination?

    <p>File a complaint with the EEOC</p> Signup and view all the answers

    How long does the EEOC have to make a determination on a complaint?

    <p>120 days</p> Signup and view all the answers

    Which employers does Title VII of the Civil Rights Act apply to?

    <p>Employers with 15 or more employees</p> Signup and view all the answers

    Which types of discrimination are prohibited by federal law?

    <p>Race, color, religion, and sex</p> Signup and view all the answers

    Which federal law covers minimum wage, overtime, and equal pay?

    <p>The Fair Labor Standards Act (FLSA)</p> Signup and view all the answers

    Which division of the Department of Labor enforces the FLSA?

    <p>The Wage and Hour Division</p> Signup and view all the answers

    What can result from violations of the FLSA?

    <p>All of the above</p> Signup and view all the answers

    How long can a court award back pay for a willful violation of the FLSA?

    <p>Up to 3 years</p> Signup and view all the answers

    Can a funeral home retaliate or terminate an employee for filing a complaint under the FLSA?

    <p>No, they cannot retaliate</p> Signup and view all the answers

    Which businesses must be fully compliant with the FLSA?

    <p>Businesses with gross annual sales exceeding $500,000</p> Signup and view all the answers

    What is the overtime pay requirement under the FLSA?

    <p>Time and a half for any hours worked over 40 in a week</p> Signup and view all the answers

    Is there an exemption from minimum wage and overtime requirements for certain employees?

    <p>Yes, for employees in managerial positions</p> Signup and view all the answers

    Which division of the Department of Labor enforces OSHA?

    <p>The Occupational Safety and Health Administration (OSHA)</p> Signup and view all the answers

    Which requirements of the FLSA apply to funeral homes regardless of their gross annual sales?

    <p>Minimum wage and overtime pay</p> Signup and view all the answers

    Study Notes

    Exemptions and Classifications

    • To be exempt from overtime, an employee must meet specific requirements, but having a certain title or performing certain tasks is not enough to qualify for exemption.
    • The economic reality test, not the control test, is used to determine whether a worker is an employee or an independent contractor.

    Record Keeping and Compensation

    • Employee records should be kept for at least three years.
    • If a state's minimum wage is higher than the federal minimum wage, the higher wage must be paid.
    • Gifts, prizes, and awards are not considered wages.
    • In a variable workweek method of pay, employees receive half-time pay for hours worked over 40.

    Equal Employment Opportunities

    • The Equal Pay Act prohibits paying different wages to men and women for equal work.
    • Caretakers who live at the funeral home must be paid for their time, including on-call time.
    • On-call employees must be paid for their time on-call if they are 'waiting to be engaged'.

    Disability and Accommodation

    • The Equal Employment Opportunity Commission (EEOC) enforces the Americans with Disabilities Act (ADA) related to employment.
    • A disability is considered a physical or mental impairment that substantially limits one or more major life activities.
    • Employees have a responsibility to request accommodation and provide necessary documentation.
    • Undue hardship is considered an action requiring significant difficulty or expense.
    • Factors considered when determining undue hardship include the nature and cost of the accommodation and the employer's financial resources.

    Anti-Discrimination Laws

    • Title VII of the Civil Rights Act prohibits employment discrimination based on race, color, religion, and national origin.
    • The EEOC enforces Title VII.
    • Before suing in federal court for employment discrimination, employees or job applicants must file a complaint with the EEOC and receive a right-to-sue letter.
    • The EEOC has 180 days to make a determination on a complaint.

    Fair Labor Standards Act (FLSA)

    • The FLSA covers minimum wage, overtime, and equal pay.
    • The Wage and Hour Division of the Department of Labor enforces the FLSA.
    • Violations of the FLSA can result in back pay, penalties, and court actions.
    • A court can award back pay for up to three years for a willful violation of the FLSA.
    • Funeral homes with gross annual sales of $500,000 or more must comply with the FLSA.
    • Overtime pay requires at least one and a half times the regular rate for hours worked over 40.
    • Certain employees are exempt from minimum wage and overtime requirements.

    Occupational Safety and Health

    • The Occupational Safety and Health Administration (OSHA) enforces workplace safety and health standards.
    • All employers, regardless of size, must comply with OSHA regulations.

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    Description

    Test your knowledge on the Fair Labor Standards Act (FLSA), a federal law that addresses minimum wage, overtime, and equal pay. Learn about its enforcement and the role of the Wage and Hour Division. Take this quiz to assess your understanding of this important legislation.

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