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Fair Labor Standards Act (FLSA) True/False Quiz

  1. Covered employees under FLSA include classified, non-classified, permanent, but not temporary employees.
  2. There is no rule stating that supervisors must schedule a meal period for employees.
  3. There is no limit to the number of hours employees may work in any workweek.
  4. If an employee truly volunteers to spend extra time working on a project, the time does not have to be compensated.
  5. Employers can require when an employee must use compensatory time that the employee has earned.
  6. If an employee reads a book while waiting for an assignment, it is considered work time.
  7. Breaks are not mandatory.
  8. If an agreement is reached between the employer and employee, overtime work not authorized will not be compensated.
  9. According to FLSA, holidays, vacation time, sick leave, etc. are required to be counted when calculating overtime
  1. Statement: Covered employees under FLSA include classified, non-classified, permanent, but not temporary employees.

    False - All employees are covered under FLSA, including classified, non-classified, temporary and permanent employees. BACK TO TOP

  2. Statement: There is no rule stating that supervisors must schedule a meal period for employees.

    True - It is the supervisor's discretion concerning the meal period. Employees can work through their day without a meal break if approved by their supervisors. BACK TO TOP

  3. Statement: There is no limit to the number of hours employees may work in any workweek.

    True - According to the U.S. Department of Labor, there is no limit to the number of hours employees 16 years of age or older may work in any workweek. For all hours worked over 40, the employee must be compensated at one and one-half times their regular rate. BACK TO TOP


  4. Statement: If an employee truly volunteers to spend extra time working on a project, the time does not have to be compensated.

    False - Even if the employee volunteers to work, the extra time must be compensated. A supervisor may not even be aware of the extra work, but if there is evidence of work, the employee must be paid. Departments may develop internal policies discouraging "unauthorized overtime." If there is a stated policy that overtime is not permitted unless authorized in advance, the employee still has the right to compensation for overtime hours worked. BACK TO TOP

  5. Statement: Employers can require when an employee must use compensatory time that the employee has earned.

    True - According to the Supreme Court's ruling in Christensen vs. Harris County No. 98-1167 (5/1/00), employers have the right to determine when compensatory time must be used. The employee must be able to use the time for personal use. BACK TO TOP

  6. Statement:If an employee reads a book while waiting for an assignment, it is considered work time.

    True - Waiting time is considered working time depending on the circumstances. If the waiting time is unpredictable, short, and employees are unable to use the time effectively for their own purposes, than it is considered as work time. Waiting time is not work time when employees are completely relieved of their duties, the period is long enough to use for their own purposes, and the employee is told in advance that they may leave their job and they do not have to work until a defined specified hour. BACK TO TOP

  7. Statement: Breaks are not mandatory.

    True - Employees are not entitled to breaks. Supervisors have the authority to allow or not allow break periods for their employees. BACK TO TOP

  8. Statement: If an agreement is reached between the employer and employee, overtime work not authorized will not be compensated.

    False - Again, if there is a stated policy that overtime is not permitted unless authorized in advance, the employee still has the right to compensation for overtime hours worked. Corrective actions may be carried out to stop such instances of non-authorized overtime work. BACK TO TOP

  9. Statement: According to FLSA, holidays, vacation time, sick leave, etc. are required to be counted when calculating overtime

    False - FLSA does not require holidays, vacation time, sick leave, etc. to be counted when calculating overtime. However, under Personnel Rules and Procedures, 3-37, "Essential, non-exempt positions, as designated by a department director (executive director, college or university president), shall have paid leave counted as work time." Essential positions are those who are required to be on duty to perform essential and/or emergency services of the agency without delay and/or without interruption. BACK TO TOP
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