CPS CPS Wage & Hour Laws 2 — Questions and Answers
Question 1: Under the FLSA, how must an employer define a 'workweek' for overtime calculation purposes?
- Any 14 consecutive days chosen by the employer
- Any fixed regularly recurring period of 168 hours (7 consecutive days) (Correct answer)
- The calendar week from Sunday to Saturday only
- Any 40-hour period designated by the employer
Correct answer: Any fixed regularly recurring period of 168 hours (7 consecutive days)
A workweek under the FLSA is any fixed, regularly recurring period of 168 hours—seven consecutive 24-hour periods—established by the employer.
Question 2: Which category of employees is NOT typically exempt from FLSA overtime requirements?
- Executive employees earning above the salary threshold
- Administrative employees meeting the duties test
- Non-exempt hourly production workers (Correct answer)
- Learned professional employees
Correct answer: Non-exempt hourly production workers
Non-exempt hourly production workers are entitled to overtime pay and do not qualify for the white-collar exemptions under the FLSA.
Question 3: The 'regular rate of pay' used for FLSA overtime calculations must include which of the following?
- Discretionary bonuses
- Shift differentials and non-discretionary bonuses (Correct answer)
- Employer 401(k) contributions
- Expense reimbursements
Correct answer: Shift differentials and non-discretionary bonuses
Shift differentials and non-discretionary bonuses must be included in the regular rate of pay when calculating overtime under the FLSA.
Question 4: Under the Davis-Bacon Act, what type of employers are required to pay 'prevailing wages'?
- All private employers with 50+ employees
- Federal contractors and subcontractors on public works projects over $2,000 (Correct answer)
- State government agencies only
- Employers in right-to-work states
Correct answer: Federal contractors and subcontractors on public works projects over $2,000
The Davis-Bacon Act requires federal contractors and subcontractors on covered construction projects exceeding $2,000 to pay locally prevailing wages and benefits.
Question 5: What is the FLSA's statute of limitations for filing a wage and hour claim for non-willful violations?
- 1 year
- 2 years (Correct answer)
- 3 years
- 5 years
Correct answer: 2 years
The FLSA has a 2-year statute of limitations for non-willful violations and a 3-year limit for willful violations.
Question 6: Under the Portal-to-Portal Act, which activity is generally NOT considered compensable time under the FLSA?
- Time spent on principal work activities
- Preliminary activities integral to the main job
- Ordinary commuting time to and from work (Correct answer)
- Overtime hours worked at the employer's direction
Correct answer: Ordinary commuting time to and from work
The Portal-to-Portal Act excludes ordinary commuting time from work to the home and back from compensable time under the FLSA.
CPS CPS Wage & Hour Laws 2
Under the FLSA, how must an employer define a 'workweek' for overtime calculation purposes?