Wage/Hour Regulation

Question 1

FLSA Coverage Exceptions

Answer 1

Household employees, commision salesmen, tobacco auction warehouse workers, some state/local employees, executives, “learning wage,” seasonal employees, reporters, etc.

Question 2

Enterprise definition under FLSA

Answer 2

1. related activities
2. unified operation or common control
3. common business purpose.

Question 3

Test for Determining Whether Intern Should be Paid

Answer 3

Who gets the primary benefit? Assess totality of the circumstances using factors outlined in Glatt.

Question 4

Test for Determining Whether P is Exempt as Exec under FLSA

Answer 4

Primary Duty Test:

1. amount of time spent in performing managerial duties
2. the relative importance of the managerial duties
3. the relative freedom from supervision
4. the relationship between manager’s salary and the wages paid to other employees for the kind of nonexempt work performed by the supervisor
   * May also consider P’s discretion over her own tasks