MGMT 582 Study Questions with Correct Answers

MGMT 582 Study Questions with Correct Answers Employers Covered under FLSA - Answer--All employers engaged in interstate or foreign commerce. -All employers who handle, sell, or otherwise work on goods or materials produced for, or moved, in interstate commerce. -All private employers with 1 or more employees and $500,000 gross sales. -State and local governments (Garcia v. San Antonio MTA, 469 U.S. 528(1984)). Fair Labor Standards (Compensation) Legal Compliance (FLSA) - Answer--WHD enforced compensation laws: ◦ Fair Labor Standards Act (FLSA) of 1938 ◦ Davis-Bacon act of 1931 ◦ Walsh -Healy Act of 1936 ◦ Service Contracts Act of 1965 -EEOC enforced compensation laws: ◦ Equal Pay Act (EPA) of 1963 ◦ Title VII of the Civil Rights Act of 1964 Differences between Equal Pay Act & Title VII - Answer--Employee threshold ◦ Title VII - 15 or more employees. ◦ Equal Pay Act - no threshold, so 1. -Timeliness in Filing ◦ Title VII - 180 days (extended to 300- calendar days if a state or local agency enforces a state or local law that prohibits employment discrimination on the same basis). ◦ Equal Pay Act - two years. Fair Labor Standards Act (FLSA) 1938 - Answer--Minimum wage ◦ $7.25 - July 24, 2009 [up from $0.25 in 1938] -Overtime (time & one-half for each hour worked in excess of 40 during a 168 consecutive hour work week). -Child labor ◦ No restrictions 18. ◦ Unlimited hours 16, but only nonhazardous jobs. ◦ 14 to 15, limited hours and nonhazardous jobs. No Mandatory Cap on Hours - Answer--The FLSA does NOT establish a cap on the maximum hours and employee can work unlike other nations. ◦ It does require overtime payments for all hours worked in excess of 40. -In Germany, the mandatory cap on hours worked by hourly workers in a week is 48 hours. -In France, it is 35. Employees Covered under FLSA - Answer--Nonexempt Employees - those covered by the FLSA. -Exempt Employees - those not. -Bona fide executive -Bona fide administrative employee -Bona fide professional employee -Outside sales -Certain skilled computer positions -Independent contractors -Parent, spouse, or child Enforcement - Answer--The Wage and Hour Division (WHD) of the Department of Labor is responsible for administering and enforcing the FLSA. ◦ Closed 21,089 cases in 2018. ◦ Recovered $226,581,298 in 2018. approximately 86% involved overtime violations. State and Federal Differentials in Minimum Wages - Answer-If a state law requires a higher minimum wage that the federal, the higher standard applies. (Ex: Fed min. wage: $7.25 vs. Wyoming min. wage: $5.15) State Compensation Statutes - Answer--The governmental entity with the largest minimum wage always prevails. ◦ Example: the federal minimum is $7.25. ◦ Example: the minimum wage in California is $12.00. ◦ Example: the minimum wage in San Francisco is $15. 59. Mississippi has NO minimum wage - Answer-they use the federal minimum wage of $7.25 Minimum Wage for Federal Contractors - Answer--February 12, 2014, President Obama signed E. O. 13658, "Establishing a Minimum Wage for Contractors." -The minimum wage for all workers on Federal construction and service contracts is established at $10.10. Tipped Employees - Answer--FLSA requires an employer to pay a tipped employee no less than $2.13 an hour in wages. -In the event that an employee's tips combined with the employer's cash wage of $2.13 an hour is still less than the minimum hourly wage ($7.25), the employer must make up the difference