Deck 22: The Fair Labor Standards Act

Question 1

In Christensen v. Harris County, Harris County adopted a policy requiring its employees to schedule time off in order to reduce the amount of accrued compensatory time. Employees of the Harris County Sheriff's Department sued the County claiming that such policy is prohibited under the FLSA. In its judgment, the Supreme Court:

A) ordered Harris County department officials to pay damages to the plaintiffs.
B) held that the FLSA prohibition does not apply to law enforcement agencies.
C) held that no statutory provision prohibits Harris County from pursuing its policy.
D) felt that the employer violated the provisions of the FLSA.

Answer 1

C

Question 2

Mathew is an outside salesperson employed by ABC Distributors. His payment was below minimum wages and he was not entitled to get the overtime pay, even if he worked for extra hours. Can Mathew file a suit against the employer claiming minimum wages and overtime pay?

A) No, because outside salespeople are exempted from both the overtime and minimum wage provisions.
B) Yes, because outside salespeople are not exempted from the overtime and minimum wage provisions.
C) Yes, because outside salespeople are allowed to claim only the overtime pay and not the ? minimum wages.
D) No, because outside salespeople are allowed to claim only the compensatory offs and the ? back pay.

Answer 2

A

Question 3

Amanda is an employee at a local hospital situated in Nevada. The administration of the hospital was maintained by the local government. The entire hospital staff suffered an unfair labor practice at the hands of the members of the administrative department. The employees then decided to file a suit against the administrative department of the hospital. Under which of the following acts should the employees approach the court?

A) Fair Labor Standards Act
B) Age Discrimination in Employment Act
C) Equal Employment Opportunity Act
D) Employee Retirement Income Security Act

Answer 3

A

Question 4

In Ruffin v. Entertainment of the Eastern Panhandle, the plaintiff was found:

A) not an employee for FLSA purposes.
B) an employee for FLSA purposes.
C) an independent contractor for FLSA purposes.
D) None of the above.

Question 5

The National Industrial Recovery Act provided that the codes of fair competition for each industry:

A) should include federal government employees.
B) could limit child labor.
C) provide retirement benefits.
D) must contain bankruptcy protection clauses.

Question 6

As on July 24, 2009 the minimum wages for nonexempt employees is _____ per hour.

A) $ 5.25
B) $ 7.25
C) $ 6.25
D) $ 4.25

Question 7

The Congressional Accountability Act of 1995 extended the coverage of the Fair Labor Standards Act ? to:

A) other federal employees of including hospitals and educational institutions.
B) independent contractors to the state government.
C) employees of the Senate.
D) employees engaged in interstate commerce.

Question 8

The Walsh-Healy Act _____ for contractors providing at least $10,000 worth of goods to the federal government.

A) sets employability limits
B) allows employment of minors
C) prohibits child labor in employment
D) sets minimum standards for wages

Question 9

Employees covered by the FLSA are entitled to overtime pay at one-and-a-half times their regular pay rate, for hours worked:

A) outside the company precincts.
B) over an above five standard weekdays in a workweek.
C) in excess of forty hours per workweek.
D) beyond thirty hours per workweek.

Question 10

In West Coast Hotel Co. v. Parrish, the appellant was in the hotel business. The appellee, Elsie Parrish, was employed as a chambermaid and brought suit to recover the difference between wages paid to her and the wages set as standard. The appellant challenged the act as repugnant to the due process under the _____ of the U.S. Constitution.

A) First Amendment
B) Fifth Amendment
C) Eleventh Amendment
D) Fourteenth Amendment

Question 11

The Davis-Bacon Act provides that contractors working on government construction projects must pay the prevailing wage rates in the geographic area, as determined by the:

A) NLRB.
B) federal laws.
C) labor contract.
D) secretary of labor.

Question 12

Minors under age fourteen can be employed only in _____ under specific limitations and with parental consent.

A) agriculture
B) packaging
C) domestic-care jobs
D) sports companies

Question 13

Employers and employees not covered by the Fair Labor Standards Act are generally subject to:

A) terms and conditions of the bargaining agreement.
B) federal administrative rules and regulations.
C) terms of the labor contract.
D) state laws of United States.

Question 14

The government attempted to reduce poverty and bring the earnings of workers closer to the cost of living by regulating:

A) preferential tax.
B) overtime pay.
C) minimum wages.
D) workers' compensation.

Question 15

In Salazar v. Butterball, LLC, the plaintiffs were:

A) entitled to pay for the donning and doffing periods.
B) not entitled to pay for the donning and doffing periods.
C) fired for making a workers' compensation complaint.
D) fired for making a safety complaint.

Question 16

If a worker is one who receives tips from customers, the employer is allowed to reduce the minimum ? wage paid to that worker by up to _____ percent, with the difference to be made up by tips received:

A) 40
B) 45
C) 50
D) 55

Question 17

Riana was working as a domestic worker for the Stephenson family in New York for about six months. She had not been paid on time since the first month of her joining. Can she file a suit against her employer under the FLSA?

A) No, as the FLSA coverage does not extend to private household domestic workers.
B) Yes, as the FLSA coverage extends to private household domestic workers.
C) No, as a household does not qualify as an employer under the provisions of FLSA.
D) Yes, She can file a suit against her employer for unfair trade practices under the provisions of FLSA.

Question 18

Which of the following is not a basis for coverage under the FLSA?

A) Employees employed in an "enterprise engaged in" interstate commerce.
B) Employees who are engaged in interstate commerce.
C) Employees who are engaged in the production of goods for interstate commerce.
D) Employees who are engaged in interstate commerce, but not including import and export.

Question 19

Through the _____, the federal government attempted to the general regulation of wages and hours.

A) National Labor Relations Act
B) Federal Employment Liability Act
C) National Industrial Recovery Act (NIRA)
D) Workers' Compensation Act

Question 20

Machinists and sewing machine operators are usually paid on a(n):

A) hourly basis.
B) piece-rate basis.
C) monthly basis.
D) lump sum basis.

Question 21

Which of the following is not a condition for administrative employees to be exempt from overtime and minimum wage requirements under the FLSA?

A) Employee is compensated with a salary of not less than $455 per week.
B) The primary duty is the performance of office work directly related to the management.
C) The primary duty does not include general business operations with the firm's customers.
D) Her/his primary duty includes the exercise of discretion

Question 22

Which of the following is an example of an employee exempt from overtime or minimum wages ? under the FLSA?

A) Senior Manager, Human Resources
B) Operations Executive, Factory Floor
C) Machine Operator, Drilling Division
D) Creative Artist, Web Media Division

Question 23

Linda is the owner of Los Angeles-based leather manufacturing company. Almost 500 employees were working in that unit. Employees were not paid proper wages and overtime pay for extra time worked beyond their normal working hours. Who is authorized to file suit on behalf of employees seeking to collect wages and overtime?

A) The National Labor Relations Board
B) The Employment Security Commission
C) The Administrative Law Judge
D) The Secretary of Labor

Question 24

In Mumby v. Pure Energy Services, the court found that Pure Energy failed to compensate the plaintiffs for

A) vacation time.
B) medical leave.
C) weekly overtime.
D) None of the above.

Question 25

How did the NIRA come into effect?

Question 26

Explain the term "workweek".

Question 27

Which of the following is not true of the enforcement procedure regarding FLSA?

A) The FLSA is enforced by the Department of Labor (DOL).
B) The Wage and Hour Division of the DOL performs inspections and investigations and issues rules and regulations.
C) The Secretary may also seek injunctions against violations of the act.
D) Criminal proceedings for willful violations may be instituted by the Department of Labor.

Question 28

Suzy Smart works part-time in the Handi Mart convenience store. The manager at Handi Mart requires that each clerk arrive fifteen minutes prior to the start of the shift so that the clerk going off duty can review the sales figures and cash status with the replacement before leaving, but her extra fifteen minutes of working time was never recorded. Under which act can Suzy and her co-workers sue the store and the manager?

A) The Fair Labor Standards Act
B) The Walsh-Healy Act
C) The Occupational Safety and Health Act
D) The Equal Pay Act

Question 29

The statute of limitations for willful violations is extended to _____ years.

A) five
B) two
C) three
D) four

Question 30

Which of the following Acts is not aimed at restricting or regulating child labor?

A) The National Industrial Recovery Act
B) The Walsh-Healy Act
C) The Fair Labor Standards Act
D) Age Discrimination and Employment Act

Question 31

What was impact of the first federal law against child labor?

Question 32

In case of an FLSA violation, employees may file suit to recover back wages and overtime plus liquidated damages:

A) for an equal amount.
B) at half the amount.
C) at double the amount.
D) at one-and-half times the amount.

Question 33

Which of the following industries is mostly covered by State laws, as opposed to federal regulation?

A) TV and radio broadcasting
B) Airline travel
C) Pension and benefits regulation
D) Insurance and banking

Question 34

Donna and Paul DeRossi own an agricultural farm in the outskirts of New Jersey. Their son Ron, who is 13 years old, helps them every day by watering the saplings. Neighbors saw Ron working in the field every day and informed Department of Labor about this and complained of child labor. Have Donna and Paul violated the law under Fair Labor Standards Act (FLSA) by allowing their son to work on the agricultural farm land?

A) No, they have not violated the law of FLSA because the minors under age fourteen are allowed to work in any kind of occupations.
B) No, they have not violated the law of FLSA because the minors are engaged in hazardous occupation as identified by the secretary of labor.
C) No, they have not violated the law of FLSA because the minors under the age of fourteen are allowed to work in agriculture under specific limitations and with parental consent.
D) Yes, they have violated the law of FLSA because the minors under the age of fourteen are not at all allowed to work in agricultural occupations.

Question 35

Who are exempted employees under the Fair Labor Standard Act?

Question 36

Can employees file a suit to recover back wages and overtime pay? If so, what are the limitations for FLSA violations?

Question 37

In Solis v. Laurelbrook Sanitarium and School, Inc., the issue at hand was the:

A) overtime provision of the FLSA.
B) minimum wage provision of the FLSA.
C) child labor provision of the FLSA.
D) All of the above.

Question 38

Describe the coverage of the FLSA.

Question 39

The Fair Labor Standards Act defines oppressive child labor by using:

A) minimum wage earned by children in a workweek.
B) age restrictions and identifying hazardous occupations.
C) educational qualification required for the field of employment.
D) working hours, health conditions, and number of dependents in a family.

Question 40

Minors aged sixteen to eighteen may work in certain nonhazardous occupations, and minors aged fourteen to sixteen may be employed in non-manufacturing or nonmining occupations for limited ? hours:

A) as stipulated by the NLRB.
B) outside school hours.
C) as stipulated by the state laws.
D) not exceeding four hours every workday.

Question 41

Which are the categories of child labor exempted from the category of oppressive child labor under the Fair Labor Standards Act?

Question 42

Discuss the provisions regarding child labor under the Fair Labor Standards Act.

Question 43

What remedies can an employee seek under the Fair Labor Standards Act?

Question 44

What is willful violation?

Question 45

How is the Fair Labor Standard Act (FLSA) enforced?

Question 46

Briefly describe the origin and purpose of the Fair Labor Standards Act (FLSA).

Question 47

Does the Fair Labor Standards Act (FLSA) prohibit all child labor?

Question 48

Name three kinds of labor that have been found hazardous for minors by the Secretary of Labor.

Question 49

Explain the concept of overtime pay under the FLSA.