Wage and Hour Laws: A Comprehensive Guide for Juris Doctor Students

Question 1

Which of the following is NOT considered a major federal wage and hour law?

Accepted Answer

Social Security Act

Answer

Fair Labor Standards Act (FLSA)

Answer

Equal Pay Act (EPA)

Answer

Age Discrimination in Employment Act (ADEA)

Question 2

Which of the following is NOT a valid defense against an Equal Pay Act claim?

Accepted Answer

Physical effort

Answer

Seniority

Answer

Merit

Answer

Education

Question 3

Which federal agency is primarily responsible for enforcing the FLSA?

Accepted Answer

Wage and Hour Division of the U.S. Department of Labor

Answer

Equal Employment Opportunity Commission (EEOC)

Answer

National Labor Relations Board (NLRB)

Answer

Occupational Safety and Health Administration (OSHA)

Question 4

True or False: Employers are legally obligated to provide employees with paid vacation time under the FLSA.

Accepted Answer

False

Answer

True

Question 5

Under the FLSA, overtime pay is required for hours worked in excess of:

Accepted Answer

40 per week.

Answer

35 per week.

Answer

45 per week.

Answer

50 per week.

Question 6

What is the purpose of the Equal Pay Act (EPA)?

Accepted Answer

To prohibit employers from discriminating on the basis of sex in the payment of wages.

Answer

To extend the overtime pay requirements of the FLSA to both male and female employees.

Answer

To create a national minimum wage for women.

Answer

To promote equal opportunities for women in the workplace.

Question 7

Which of the following is NOT a defense to an EPA claim?

Accepted Answer

The employer is a small business with less than 20 employees.

Answer

The wage differential is based on a bona fide seniority system or merit system.

Answer

The wage differential is based on a factor other than sex.

Answer

The employer has a good faith belief that the wage differential is not based on sex.

Question 8

True or False: The FLSA applies to all employers in the United States.

Accepted Answer

False.

Answer

True.

Question 9

Which federal law is the primary source of minimum wage and overtime pay standards?

Accepted Answer

Fair Labor Standards Act (FLSA)

Answer

Equal Pay Act (EPA)

Answer

Family and Medical Leave Act (FMLA)

Answer

Americans with Disabilities Act (ADA)

Question 10

Among the criteria for an employee to be exempt from overtime pay under the FLSA, which is NOT a requirement?

Accepted Answer

Works at least 40 hours per week

Answer

Paid on a salary basis

Answer

Earns at least the minimum salary threshold of $684 per week

Answer

Primarily performs executive, administrative, or professional duties

Question 11

Which of the following best describes a key purpose of recordkeeping requirements under wage and hour laws?

Accepted Answer

To ensure compliance with minimum wage and overtime pay requirements

Answer

To prevent wage theft

Answer

To facilitate investigations by enforcement agencies

Answer

To provide a basis for calculating employee benefits

Question 12

What is the "tip credit" provision under the FLSA?

Accepted Answer

Allows employers to pay tipped employees a lower hourly wage than the minimum wage

Answer

Requires employers to share tips with employees

Answer

Prohibits employers from retaliating against employees who report tip violations

Answer

Eliminates the overtime pay requirement for tipped employees

Question 13

Which federal law establishes minimum wage, overtime pay, and recordkeeping requirements for most private sector employees in the United States?

Accepted Answer

Fair Labor Standards Act (FLSA)

Answer

Social Security Act

Answer

National Labor Relations Act (NLRA)

Answer

Equal Pay Act (EPA)

Question 14

Which category of employees is generally exempt from the overtime pay provisions of the FLSA?

Accepted Answer

White-collar employees

Answer

Blue-collar employees

Answer

Service employees

Answer

Agricultural employees

Question 15

Which of the following statements correctly describes the difference between "regular rate of pay" and "overtime rate of pay" under the FLSA?

Accepted Answer

Regular rate is the base hourly wage, while overtime rate is 1.5 times the regular rate.

Answer

Overtime rate is the base hourly wage, while regular rate is 1.5 times the overtime rate.

Answer

Regular rate and overtime rate are typically the same for all employees.

Answer

Only exempt employees have an overtime rate.

Question 16

Which federal statute establishes minimum wage, overtime pay, and recordkeeping requirements for most employees in the United States?

Accepted Answer

Fair Labor Standards Act (FLSA)

Answer

National Labor Relations Act (NLRA)

Answer

Equal Pay Act (EPA)

Answer

Occupational Safety and Health Act (OSHA)

Question 17

Which of the following is NOT a requirement for an employee to be considered a bona fide executive employee exempt from overtime pay under the FLSA?

Accepted Answer

Dedicate more than 50% of their time to non-exempt work

Answer

Primary duty involves managing the enterprise or a customarily recognized department or subdivision thereof

Answer

Supervise at least two other employees

Answer

Receive a salary of at least $684 per week

Question 18

Under the FLSA, an employee who works more than 40 hours in a workweek is entitled to overtime pay at a rate of:

Accepted Answer

1.5 times their regular pay rate

Answer

2 times their regular pay rate

Answer

The same as their regular pay rate

Answer

Varies depending on the state or locality

Question 19

Which of the following is NOT a recordkeeping requirement under the FLSA?

Accepted Answer

Employee's social security number (optional)

Answer

Employee's full name and current address

Answer

Hours worked each day and week

Answer

Regular and overtime pay rates

Question 20

An employee who believes they have been denied wages or overtime pay in violation of the FLSA can file a complaint with which of the following agencies?

Accepted Answer

Wage and Hour Division of the Department of Labor

Answer

Equal Employment Opportunity Commission (EEOC)

Answer

National Labor Relations Board (NLRB)

Answer

Occupational Safety and Health Administration (OSHA)

Question 21

Which federal statute primarily regulates minimum wage and overtime pay?

Accepted Answer

Fair Labor Standards Act (FLSA)

Answer

Social Security Act

Answer

Equal Pay Act

Answer

Family and Medical Leave Act

Question 22

As of 2023, what is the prevailing federal minimum wage per hour?

Accepted Answer

$7.25

Answer

$9.00

Answer

$12.00

Answer

$15.00

Question 23

The 'equal pay for equal work' principle mandates that employers:

Accepted Answer

Pay employees of opposite sexes the same hourly rate for substantially equal work

Answer

Pay all employees the same hourly rate, regardless of job title

Answer

Pay employees of different races the same hourly rate for substantially equal work

Answer

Pay employees of different ages the same hourly rate for substantially equal work

Question 24

Which of the following is not a protected reason for taking leave under the Family and Medical Leave Act (FMLA)?

Accepted Answer

Vacation

Answer

Birth of a child

Answer

Adoption of a child

Answer

Serious health condition of a spouse

Question 25

Under the FMLA, what is the maximum duration of unpaid, job-protected leave that an eligible employee may take?

Accepted Answer

12 weeks

Answer

6 weeks

Answer

8 weeks

Answer

24 weeks

Question 26

What is the primary objective of recordkeeping requirements in wage and hour laws?

Accepted Answer

To demonstrate compliance with the law

Answer

To facilitate employee pay calculation

Answer

To track employee attendance

Answer

To uncover potential violations

Question 27

Which of the following federal laws prohibits retaliation against employees for exercising their rights under wage and hour laws?

Accepted Answer

Fair Labor Standards Act

Answer

Equal Pay Act

Answer

Family and Medical Leave Act

Answer

National Labor Relations Act

Question 28

Under the FLSA, the minimum wage is currently set at:

Accepted Answer

$7.25 per hour

Answer

$10.00 per hour

Answer

$15.00 per hour

Answer

Varies by state

Question 29

Which of the following employees is entitled to overtime pay under the FLSA?

Accepted Answer

Hourly production workers

Answer

Salaried administrative assistants

Answer

Commissioned sales representatives

Answer

Independent contractors

Question 30

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, and recordkeeping requirements for most employees in the United States. True or False?

Accepted Answer

True

Answer

False

Question 31

According to the FLSA, what is the current federal minimum wage for most nonexempt employees?

Accepted Answer

$7.25 per hour

Answer

$8.50 per hour

Answer

$10.00 per hour

Answer

Varies by state

Question 32

Under the FLSA, employees who work more than 40 hours in a workweek are entitled to:

Accepted Answer

Time and a half pay

Answer

Double time pay

Answer

Straight time pay

Answer

No additional compensation

Question 33

Which of the following is NOT a required record that employers must maintain under the FLSA?

Accepted Answer

Employee's health insurance coverage

Answer

Hours worked

Answer

Wages paid

Answer

Employee's social security number

Question 34

Which federal statute establishes the minimum wage and overtime pay requirements for most US employees?

Accepted Answer

Fair Labor Standards Act (FLSA)

Answer

Equal Pay Act (EPA)

Answer

Americans with Disabilities Act (ADA)

Answer

Family and Medical Leave Act (FMLA)

Question 35

Under the FLSA, hourly employees who work beyond the standard 40-hour workweek are entitled to:

Accepted Answer

Time and a half their regular wage rate

Answer

Straight time pay

Answer

Compensatory time off

Answer

Double their regular wage rate

Question 36

Which of the following is NOT a valid defense against an FLSA minimum wage violation?

Accepted Answer

The employee voluntarily agreed to work for less than the minimum wage.

Answer

The employee is a tipped employee.

Answer

The employer is a small business with fewer than 50 employees.

Answer

The employee is a minor under the age of 18.

Question 37

What is the central aim of the Equal Pay Act (EPA)?

Accepted Answer

To prevent employers from discriminating between employees based on gender in terms of wages

Answer

To extend equal pay protections to all employees regardless of race or national origin

Answer

To provide additional protections for pregnant or nursing employees

Question 38

Which federal law is the primary authority governing minimum wage and overtime pay in the United States?

Accepted Answer

Fair Labor Standards Act (FLSA)

Answer

Social Security Act

Answer

Equal Pay Act

Answer

Family and Medical Leave Act

Question 39

Under the FLSA, what is the basis for calculating overtime pay?

Accepted Answer

The employee's regular rate of pay, excluding bonuses and commissions

Answer

The employee's highest hourly wage

Answer

The employee's total earnings for the week

Answer

The average of the employee's hourly wages for the past year

Question 40

What is the primary purpose of the Equal Pay Act?

Accepted Answer

To protect employees from wage discrimination based on sex

Answer

To regulate overtime pay for women

Answer

To establish equal benefits for all employees

Answer

To set a minimum wage specifically for women

Question 41

Which of the following is a requirement for employers under the FLSA regarding employee time records?

Accepted Answer

Maintain records for at least three years

Answer

Maintain records for one year

Answer

Maintain records only for the current year

Answer

Maintain records indefinitely

Question 42

Under the FLSA, how many hours of overtime per week may an employee work without being entitled to overtime pay?

Accepted Answer

Zero

Answer

30 hours

Answer

20 hours

Answer

10 hours

Question 43

Which of the following is a potential consequence for employers who violate the FLSA's wage and hour provisions?

Accepted Answer

Back pay, liquidated damages, and legal fees

Answer

Revocation of business license

Answer

Imprisonment

Answer

Fines only

Question 44

Which agency is responsible for enforcing federal wage and hour laws?

Accepted Answer

Wage and Hour Division (WHD) of the U.S. Department of Labor

Answer

National Labor Relations Board (NLRB)

Answer

Equal Employment Opportunity Commission (EEOC)

Answer

Occupational Safety and Health Administration (OSHA)

Question 45

Under the Fair Labor Standards Act (FLSA), which of the following employees is exempt from overtime pay?

Accepted Answer

An executive employee who regularly directs the work of two or more full-time employees and whose primary duties meet the exemption requirements.

Answer

A delivery driver who makes regular deliveries within the state

Answer

A retail salesperson who works more than 40 hours per week

Question 46

A state law requires a minimum wage that is higher than the federal minimum wage. Which minimum wage should an employer apply?

Accepted Answer

The higher state minimum wage, as state laws take precedence over federal laws in such cases.

Answer

The lower federal minimum wage

Answer

The average of the federal and state minimum wages

Answer

The minimum wage determined by the employer based on local market conditions

Question 47

An employee is working on a project that requires them to regularly work more than 40 hours per week. The employer offers the employee a salary instead of hourly pay. Which of the following is a crucial factor to determine if the employee is properly classified as exempt from overtime pay?

Accepted Answer

Whether the employee's primary duties meet the requirements for an executive, administrative, or professional exemption under the FLSA.

Answer

Whether the employee receives a salary higher than the minimum wage

Question 48

A retail worker is paid an hourly wage but is also required to work for an unpaid period before their shift begins to prepare the store for opening. Which legal concept is most relevant to this situation?

Accepted Answer

The "workweek" definition under the FLSA and whether the pre-shift preparation constitutes compensable work.

Answer

The minimum wage law and whether the unpaid time violates minimum wage requirements

Question 49

A state law requires employers to provide a paid meal break for employees working longer than a certain number of hours. The federal FLSA does not require paid meal breaks. How would a court likely resolve a dispute regarding this issue?

Accepted Answer

The court would likely apply the more employee-friendly state law requiring paid meal breaks, as state laws can provide greater protections than federal laws.

Answer

The court would split the difference and require a partially paid meal break.

Answer

The court would apply the federal FLSA, as it takes precedence over state laws.

Question 50

An employee files a claim alleging they were not paid overtime wages for hours worked beyond 40 per week. The employer argues the employee was not entitled to overtime because they were paid a flat salary. Which of the following is a key element the court will consider when assessing this claim?

Accepted Answer

Whether the employee's job duties meet the criteria for an exempt position under the FLSA, such as executive, administrative, or professional.

Answer

Whether the employee signed a waiver acknowledging they were exempt from overtime

Answer

Whether the employee's salary was equal to or above the minimum wage

Question 51

A company is considering implementing a new system for tracking employee time and attendance. Which of the following is the most important legal consideration for the company to prioritize?

Accepted Answer

Ensuring the system accurately records employee hours worked to comply with FLSA recordkeeping requirements and avoid legal liability for inaccurate recordkeeping.

Answer

Minimizing the cost of implementing and maintaining the system