Assignment Two
This assignment is not due next week, but on September 20th. However, I suggest that you go ahead and begin addressing in case an additional assignment is added to that due date following next week’s class.
ASSIGNMENT: Answer each of the questions listed. Please do by restating each numbered question, skipping a line, then providing your answer in paragraph form. The length of responses should be based on what is needed to appropriately answer the questions.
Fair Labor Standards Act (FLSA)
Wages
- Must employees follow certain guidelines when compensating employees?
- What federal law covers wages
- What employees are covered by the FLSA?
- Do unpaid internships violate the FLSA?
- Do illegal aliens have FLSA rights?
- Are non-profit organizations covered under the FLSA?
- Are any categories of employees exempt from FLSA coverage?
Minimum Wages
- What are minimum wages?
- How are employees’ earnings computed for purposes of determining minimum wage compensation?
- What are monetary equivalents, and can they be included in wages for purposes of complying with minimum wage requirements?
Hours Worked
- What are hours worked under the FSLA?
- Must employees be paid during rest periods (breaks)?
- Must meal breaks be treated as hours worked?
- Must time spent on call be treated as hours worked?
- Are preliminary and post-work activities considered hours worked?
- Is travel time considered hours worked under FLSA?
Overtime
- Who is entitled to overtime compensation?
- What hours should be counted toward overtime eligibility?
- What is an employee’s regular rate of pay for purposes of computing overtime?
- Can salaried employees be entitled to overtime compensation?
- What is a fluctuating workweek plan?
- If an employee works two different jobs at the same company, and his or her workweek totals more than 40 hours for the two jobs, must the employee be paid overtime?
Exemptions
- Are there any exemptions to minimum wage and overtime standards under the FLSA?
- What is meant by a bona fide salary?
- If an employer pays an employee a salary, is the employee exempt from the FLSA minimum wage and overtime provision?
- What is the definition for exempt executive employees under the Department of Labor’s (DOL’s) regulation?
- What do the DOL’s regulations provide relative to the administrative exemption?
- Are working foremen bona fide executives under the FLSA?
- Is a job title a sufficient yardstick of whether or not an employee is a bona fide administrator under the FLSA?
- What are the DOL’s regulations for exempt professionals?
- What are the DOL’s regulations with respect to exemptions for creative professional?
- Are computer programmers exempt as professionals under the FLSA?
- Are there minimum salary levels that executive, administrative, and professional employees must meet to enable them to be considered exempt under the FLSA?
- Are public employees treated differently than private-sector employees under the DOL’s approach to the so-called white collar exemptions to the FLSA?
Violations and Penalties
- What remedies are available to an employee if an employer fails to comply with minimum wage and overtime provisions?
- What are liquidated damages?
- Who can sue an employer for minimum wages and overtime?
- What is the statute of limitations for the employee or the Secretary of Labor in collecting back pay?
- What is a willful violation of the FLSA?
- When is an employer required to pay an employee double damages under the FLSA?