CPS CPS Wage & Hour Laws 1 — Questions and Answers
Question 1: Under the Fair Labor Standards Act (FLSA), what is the standard overtime threshold for non-exempt employees in the US?
- More than 40 hours per workweek (Correct answer)
- More than 35 hours per workweek
- More than 45 hours per workweek
- More than 80 hours per biweekly period
Correct answer: More than 40 hours per workweek
The FLSA requires overtime pay at 1.5x the regular rate for all hours worked beyond 40 in a single workweek.
Question 2: Which federal law governs the minimum wage and overtime requirements for most private-sector employees in the United States?
- Employee Retirement Income Security Act (ERISA)
- Fair Labor Standards Act (FLSA) (Correct answer)
- National Labor Relations Act (NLRA)
- Family and Medical Leave Act (FMLA)
Correct answer: Fair Labor Standards Act (FLSA)
The FLSA establishes federal minimum wage, overtime pay, recordkeeping, and youth employment standards for covered employees.
Question 3: Under the FLSA, what is the minimum overtime rate that must be paid to non-exempt employees?
- 1.25 times the regular rate
- 1.5 times the regular rate (Correct answer)
- 2 times the regular rate
- 2.5 times the regular rate
Correct answer: 1.5 times the regular rate
The FLSA mandates a minimum overtime rate of one and one-half (1.5x) times the employee's regular rate of pay.
Question 4: Which test does the Department of Labor use to determine if a worker is exempt from FLSA overtime provisions?
- The Economic Reality Test
- The Duties Test and Salary Basis Test (Correct answer)
- The Right to Control Test
- The Independent Contractor Test
Correct answer: The Duties Test and Salary Basis Test
To qualify for most FLSA exemptions, employees must meet both a salary basis test (minimum weekly salary) and a duties test based on their primary job functions.
Question 5: What is the current federal minimum wage under the FLSA as of 2026?
- $10.00 per hour
- $7.25 per hour (Correct answer)
- $12.00 per hour
- $15.00 per hour
Correct answer: $7.25 per hour
The federal minimum wage has remained at $7.25 per hour since 2009, though many states and localities have set higher minimums.
Question 6: Under the FLSA, what is the minimum age for most non-agricultural employment during school hours?
- 14 years old
- 16 years old (Correct answer)
- 18 years old
- 15 years old
Correct answer: 16 years old
The FLSA generally prohibits employment of minors under 16 in non-agricultural jobs during school hours, with limited exceptions for 14- and 15-year-olds in certain roles.
Under the Fair Labor Standards Act (FLSA), what is the standard overtime threshold for non-exempt employees in the US?