Module 3 Pay for Time Not Worked

Question 1

Regarding Exempt employees what is the minimum salary required to be exempt?

Answer 1

$685 per week

Question 2

What are the 3 categories associated with Exempt job duties testing?

Answer 2

Executive, Managerial, and Administrative

Question 3

what are the 4 most common FLSA Violations?

Answer 3

Improper payment for break time
Training Time
Travel time
wage theft by employer

Question 4

What year was FMLA enacted and what conditions drove the need for legislation?

Answer 4

1993 - bill clinton

Women entering the workforce of child bearing age

a maturing baby boomer generation creating uncertainty with disability or medical leaves

Question 5

What is the purpose of FMLA?

Answer 5

• Allows employees to balance their work and family lives by taking reasonable unpaid leave for certain family and
  medical reasons
• In 2008, FMLA amended to include unpaid leave for the purposes of caring for injured military family members or taking care of business if deployed with no notice

Question 6

Which employers are accountable to the FMLA?

Answer 6

Employers with 50 employees for 20 consecutive calendar weeks

Question 7

If an employee is approved for intermittent FMLA what are the minimum time increments?

Answer 7

1 hour

Question 8

what are the eligibility requirements for an employee to qualify for FMLA?

Answer 8

Employed at least 1 year

have worked 1250 hours in the past 12 months

Must work for an eligible employer

Question 9

What number of employees must an employer have to fall under FMLA if they are a multi-state employer

Answer 9

50 or more employees within a 75 mile radius.

Question 10

What department is the enforcement agency for FMLA?

Answer 10

DOL

Question 11

What events qualify an employee for FMLA protection?

Answer 11

• Must have a qualified reason for leave that is verified by the employer
• Birth or adoption of a child
• Own medical care
• Care of a family member
• Qualifying exigency of a family member of the armed forces
• Military care giver leave for a family member

Question 12

under FMLA how many weeks of job protection is provided to a caregiver of an injured military family member?

Answer 12

26 Weeks

Question 13

What does USERRA stand for

Answer 13

Uniformed Services Employment and Re-employment Rights Act

Question 14

What’s the purpose of USERRA?

Answer 14

• Protect U.S. employees that fulfill military service and reserve responsibilities, while employed as a civilian

Question 15

what employers are accountable to USERRA?

Answer 15

Any person, institution, organization or other entity that pays salary or wages for work performed or that has control over employment opportunities
* Employers are required to honor re-employment rights for those employees that “are a member of, apply to be a member of, performs, have performed, apply to perform, or have an obligation to
perform service in a uniformed service”

Question 16

what benefits are provided under USSERA?

Answer 16

• Those who serve in the uniformed services are entitled to the continuation of their position, seniority, status and pay rate as if there had not been a break in employment.
• Health benefits are protected by USERRA for 24 months on medical at COBRA costs.
• Pension plans are protected by USERRA.
• Employer cannot require employees to use their accrued vacation and sick pay to offset pay during uniformed service.
• USERRA does not supersede a local or federal law unless it provides better benefits for the employee (i.e., health premiums, pay continuation and other benefits).

Question 17

What agency enforces USERRA

Answer 17

DOL

Question 18

Under USERRA how many years must job protection be honored?

Answer 18

5 years

Question 19

1. Which of the following laws would typically be referred to for guidance regarding pay for time not worked at work?
   A. Family Medical leave Act (FMLA)
   B. Uniformed Services Employment and Reemployment Rights Act (USERRA)
   C. Fair Labor Standards Act (FLSA)
   D. Consolidated Omnibus Budget Reconciliation Act (COBRA)

Answer 19

C. Fair Labor Standards Act (FLSA)

Question 20

2. According to the FLSA, which of the following is most likely to be considered hours of work, requiring compensation at the regular rate of pay?
   A. Jury duty
   B. Lunch hour
   C. Business travel
   D. Military leave

Answer 20

C. Business travel

Question 21

3. An eligible employee may take up to 12 weeks of leave under the FMLA for which of the following reasons?
   A. Cosmetic surgery
   B. Training program
   C. Birth/adoption of a child
   D. Sabbatical

Answer 21

C. Birth/adoption of a child

Question 22

4. An employee’s request for time off is most likely to be covered by statute if the request is for which of the following reasons?
   A. To take time to vote
   B. To take bereavement leave
   C. To take a sabbatical
   D. To take personal leave

Answer 22

A. To take time to vote