FLSA Overtime & Exemption Rules Flashcards

Which of the following employees is most likely exempt under the FLSA's learned professional exemption?

Answer: A registered pharmacist who reviews prescriptions and counsels patients

The learned professional exemption applies to employees whose primary duty requires advanced knowledge in a field of science or learning, customarily acquired by a prolonged course of specialized intellectual instruction — pharmacists typically qualify.

Under the FLSA, a 'workweek' is defined as:

Answer: Any fixed, regularly recurring period of 168 consecutive hours

The FLSA defines a workweek as any fixed, regularly recurring period of 168 consecutive hours — seven consecutive 24-hour periods — which the employer may designate.

The FLSA's 'salary basis' requirement means an employee must receive their predetermined salary:

Answer: Regardless of the quality or quantity of work performed in any week they work

An employee is paid on a salary basis if they regularly receive a predetermined amount of compensation each pay period, without reduction based on variations in the quality or quantity of work.

Which of the following deductions from an exempt employee's salary is PERMITTED under the FLSA's salary basis rules?

Answer: Deduction for safety rule violations of major significance

The FLSA permits deductions from exempt employees' salaries for penalties imposed in good faith for infractions of safety rules of major significance.

Under the FLSA, which of the following workers is specifically exempt from overtime requirements?

Answer: An agricultural worker employed on a small farm

The FLSA provides specific overtime exemptions for agricultural workers, particularly those employed on small farms that did not use more than 500 man-days of agricultural labor in any calendar quarter of the preceding year.

A computer professional may be exempt from FLSA overtime under the computer employee exemption if paid on an hourly basis at a rate of at least:

Answer: $27.63 per hour

Computer employees may qualify for exemption if paid hourly at a rate not less than $27.63 per hour, in addition to meeting the duties test.

When an employer discovers it has improperly deducted from an exempt employee's salary, what is the consequence under the 'window of correction' rule?

Answer: The exemption is preserved if the employer has a clear policy, did not willfully violate it, and reimburses the employee

Under the window of correction, an employer can preserve the exemption if it has a clearly communicated policy prohibiting improper deductions, repays the improperly deducted amounts, and makes a good-faith commitment to comply.