Fair Labor Standards Act Quiz

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.