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Quiz

Fair Labor Standards Act (FLSA) and nonpaid internships: Quiz

  Fair Labor Standards Act (FLSA) and nonpaid internships: Quiz   The Fair Labor Standards Act (FLSA) requires that nonexempt employees receive at least minimum wage for all hours worked and must also receive time-and-a-half pay for all hours worked more than 40 during the workweek.   While the FLSA doesn't define what an intern is, nor provide an exemption from minimum wages or overtime for interns, it does define an employee as "any individual employed by an employer." The definition of "employ" under the FLSA "includes to suffer or permit to work."   Under federal law, for-profit organizations must pay workers unless the position fits six criteria. The following quiz helps to illustrate the six criteria.   Would the employee be correctly classified as a “Coordinator”, “Trainee”, or “Intern”? For an unpaid internship to be lawful under the Fair Labor Standards Act (“FLSA”), the intern must be classified as a “trainee&rd ...

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Pay Deductions Quiz: Uniforms for a minimum wage employee.

Pay Deductions Quiz: Uniforms for a minimum wage employee. You hire a minimum wage employee to work as a cashier at your auto parts store. The employee signs an agreement to have $20.00 deducted from her first check to cover the cost of a uniform. You then, as agreed upon, deduct $20.00 from the employee's first check to cover the cost of the uniform. Have you violated any Fair Labor Standards Act (FLSA) requirements? Here, you have violated the FLSA's requirement that a nonexempt employee be paid the minimum wage for each hour worked. It makes no difference that the employee agreed to the deduction. Because the employee is a minimum wage employee, there was nothing that could legally be deducted from the employee's wage to cover the cost of the uniform. Any deduction puts the employee below the minimum wage level.   Feel free to visit the main page we’ve created for Articles on Payroll Services. Modern Business Associates frequently deals with payroll issues. As a Prof ...

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Pay Deduction Quiz: Aprons for the hardworking cook.

Pay Deduction Quiz: Aprons for the hardworking cook.

A cook earns $10.00 per hour and works 45 hours in the workweek. Therefore the cook will have wages of $400.00 in regular pay and $75.00 in overtime pay. The employer reasons that the cook earns well above minimum wage and decides to deduct $5.00 from the cook's weekly paycheck for a replacement apron and hat although the cook has not agreed in advance to the deduction.


Have you violated any FLSA requirements?

Probably. Note that the deductions may not cut into any pay for overtime hours. Deductions made during weeks when overtime is worked will be particularly scrutinized to ensure that the employer is not attempting to evade the overtime requirements of the FLSA.


Modern Business Associates frequently deals with payroll issues. As a Professional Employee Organization, our clients rely on us to help them effectively deal with these kinds of topics including deductions and minimum wage issues.

Pay Deductions Quiz: Uniforms for a minimum wage employee.

Pay Deductions Quiz: Uniforms for a minimum wage employee. You hire a minimum wage employee to work as a cashier at your auto parts store. The employee signs an agreement to have $20.00 deducted from her first check to cover the cost of a uniform. You then, as agreed upon, deduct $20.00 from the employee's first check to cover the cost of the uniform. Have you violated any Fair Labor Standards Act (FLSA) requirements? Here, you have violated the FLSA's requirement that a nonexempt employee be paid the minimum wage for each hour worked. It makes no difference that the employee agreed to the deduction. Because the employee is a minimum wage employee, there was nothing that could legally be deducted from the employee's wage to cover the cost of the uniform. Any deduction puts the employee below the minimum wage level. Modern Business Associates frequently deals with payroll issues. As a Professional Employee Organization, our clients rely on us to help them effectively deal with these kinds ...

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You make the call: Is this gas station employee non exempt, vs exempt?

You make the call: Is this gas station employee non exempt, vs exempt? Two decisions from different federal appellate courts illustrate the potential uncertainty in classifying an employee as an exempt employee. You make the call: Is this gas station employee non exempt, vs exempt? In Thomas v. Speedway SuperAmerica, LLC1, the court pondered whether the store manager of a chain of gas station-convenience stores was properly classified as an exempt employee. The key issue in the case was whether the employee's primary duty was management. She spent approximately 60 percent of her time on non-managerial tasks such as stocking merchandise, sweeping floors, cleaning bathrooms, operating the register and clerical duties. However, she also hired, trained, disciplined, scheduled and evaluated employees. She recommended increases, most of which were approved, and terminated some employees without prior approval from her district manager. Is this gas station employee exempt? Based on these f ...

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