APHR 2026/2027 NEWEST EXAM COMPLETE ACCURATE EXAM
QUESTIONS AND CORRECT DETAILED ANSWERS | GRADED A+
Fair Labor Standards Act, FLSA (1938) - ANSWER Establishes a minimum wage, overtime provision,
and child labor regulations.
Enforced by the Wage and Hour Division of the Department of Labor.
Applies to most non-managerial employees in a private industry.
Federal minimum wage - ANSWER The current federal minimum wage is $7.25 per hour, and has not
increased since July 2009
Tipped employees may be paid $2.13/hour, however wages plus tips must equal at least minimum
wage.
State minimum wage requirements may be higher.
WA state:
12.00 USD per hour
Jan 1, 2019
Overtime - ANSWER For hours worked in excess of a 40-hour workweek, covered employees must be
paid at least time and a half their hourly rate of pay.
Includes all "pay", including bonus, shift differential, etc.
Shift differential refers to the extra compensation a staff member receives for hours worked that are
outside the hours of 8:00 a.m. to 5:00 p.m., Monday through Sunday. A typical shift differential
schedule would consist of hours worked between 5:00 p.m. and 8:00 a.m., Monday through Sunday.
Does not include paid time off.
,Compensatory Time in Lieu of Overtime Pay - ANSWER An hour and 1/2 off at some later date for
every hour worked over 40 per week, instead of paying overtime.
Also called "comp time".
Generally illegal for private employers. May offset time within same work week - work less one day
to offset excess hours worked another day.
Federal, state, and local governments can offer comp time, in certain circumstances. - up to 240
hours (30 days)/year; police/fire 480 hours (60 days)/year
Exempt and Non-exempt status - ANSWER Non-exempt: must be paid for all hours worked; must
comply with overtime provisions of the FLSA; non-exempt employees must be paid overtime for
hours worked over 40 hours per week
Exempt from the provisions of the Fair Labor Standards Act, not entitled to overtime pay.
FLSA Salary Tests for determining exempt status - ANSWER UNDER $23,660/year ($455/wk) =
definitely non-exempt
EXCEPTION: If employee receives non-discretionary bonuses and incentive payments (including
commissions). This extra payment may only be used to satisfy up to 10% of the standard salary level.
These are usually bonuses for productivity and profitability. These payments must be paid on a
quarterly or more frequently basis.
"Super salary" test for highly-compensated employees
IF PAID AT LEAST $100,000/year, most likely exempt, especially if customarily and regularly perform
at least one of the duties of an exempt executive, administrative or professional employee.
List of Professions Exempt from FLSA - ANSWER (1) Business Owner
(2) Executive
(3) Creative Professional
(4) Learned Professional
(5) Computer-related (some)
(6) Outside Salespersons
,Executive Exemption to FLSA - ANSWER - Primary duty must be managing the enterprise, or
managing a customarily recognized department or subdivision of the enterprise;
- Must customarily and regularly direct the work of at least two or more other full-time employees or
their equivalent; and,
- Must have the authority to hire or fire other employees, or the employee's suggestions and
recommendations as to the hiring, firing, advancement, promotion, or any other change of status of
other employees must be given particular weight.
Special Exemption of Business Owners to FLSA - ANSWER An employee who owns at least a bona fide
20% equity interest in the enterprise in which employed, and who is actively engaged in its
management, is considered a bona fide exempt executive.
Professional Exemption to FLSA - Learned Professional - ANSWER Performs work requiring advanced
knowledge, predominately intellectual requiring consistent exercise of discretion and judgment.
Advanced knowledge customarily acquired by a prolonged course of specialized instruction - i.e., 4-
year college degree.
The exemption does not apply to occupations in which most employees acquire skill by experience.
Professional Exemption to FLSA - Creative Professional - ANSWER Work requiring invention,
imagination, originality, or talent in a recognized field of artistic or creative endeavor.
Administrative Exemption to FLSA - ANSWER Primary duty is the performance of office or non-
manual work directly related to the management or general business operations of the employer or
the employer's customers; and
Exercises "discretion and independent judgment" with respect to matters of significance
Outside Salespersons to FLSA - ANSWER Primary duty must be making sales; and
Must be customarily and regularly engaged away from the employer's place or places of business
, Inside sales persons are non-exempt
Computer related occupations - ANSWER Overtime pay not required if paid $27.63/hour on salary
basis (approximately $58,000/year); and primary duties include:
- The application of systems analysis techniques and procedures, including consulting with users; or
- The design, development, documentation, analysis, creation, testing or modification of computer
systems or programs.
Exempt Level Employees - ANSWER Must regularly receive a predetermined amount of
compensation each pay period;
The compensation cannot be reduced because of variations in the quality or quantity of the work
performed;
The employee must be paid the full salary for any week in which the employee performs any work.
Exempt Level Employees
Exceptions to the "no pay docking" rule - need not be paid for: - ANSWER (1) Any full workweek
when no work is performed
(2) Absence from work for one or more full days for personal reasons other than sickness or disability
(3) Absence from work for one or more full days due to sickness of disability if the deductions are
made under a bona fide plan, policy, or practice of providing wage replacement benefits for these
types of absneces and the employee has used all accrued paid leave
(4) To offset any amounts received as payment for jury fees, witness fees, or military pay
(5) Penalties imposed for violating safety rules of "major significance"
(6) Unpaid disciplinary suspension of one or mmore full days imposed for violations of workplace
conduct rules
(7) Unpaid leave taken pursuant to the Family and Medical Leave Act
(8) Proportionate part of an employee's full salary may be paid for time actually worked in the first
and last weeks of employment
QUESTIONS AND CORRECT DETAILED ANSWERS | GRADED A+
Fair Labor Standards Act, FLSA (1938) - ANSWER Establishes a minimum wage, overtime provision,
and child labor regulations.
Enforced by the Wage and Hour Division of the Department of Labor.
Applies to most non-managerial employees in a private industry.
Federal minimum wage - ANSWER The current federal minimum wage is $7.25 per hour, and has not
increased since July 2009
Tipped employees may be paid $2.13/hour, however wages plus tips must equal at least minimum
wage.
State minimum wage requirements may be higher.
WA state:
12.00 USD per hour
Jan 1, 2019
Overtime - ANSWER For hours worked in excess of a 40-hour workweek, covered employees must be
paid at least time and a half their hourly rate of pay.
Includes all "pay", including bonus, shift differential, etc.
Shift differential refers to the extra compensation a staff member receives for hours worked that are
outside the hours of 8:00 a.m. to 5:00 p.m., Monday through Sunday. A typical shift differential
schedule would consist of hours worked between 5:00 p.m. and 8:00 a.m., Monday through Sunday.
Does not include paid time off.
,Compensatory Time in Lieu of Overtime Pay - ANSWER An hour and 1/2 off at some later date for
every hour worked over 40 per week, instead of paying overtime.
Also called "comp time".
Generally illegal for private employers. May offset time within same work week - work less one day
to offset excess hours worked another day.
Federal, state, and local governments can offer comp time, in certain circumstances. - up to 240
hours (30 days)/year; police/fire 480 hours (60 days)/year
Exempt and Non-exempt status - ANSWER Non-exempt: must be paid for all hours worked; must
comply with overtime provisions of the FLSA; non-exempt employees must be paid overtime for
hours worked over 40 hours per week
Exempt from the provisions of the Fair Labor Standards Act, not entitled to overtime pay.
FLSA Salary Tests for determining exempt status - ANSWER UNDER $23,660/year ($455/wk) =
definitely non-exempt
EXCEPTION: If employee receives non-discretionary bonuses and incentive payments (including
commissions). This extra payment may only be used to satisfy up to 10% of the standard salary level.
These are usually bonuses for productivity and profitability. These payments must be paid on a
quarterly or more frequently basis.
"Super salary" test for highly-compensated employees
IF PAID AT LEAST $100,000/year, most likely exempt, especially if customarily and regularly perform
at least one of the duties of an exempt executive, administrative or professional employee.
List of Professions Exempt from FLSA - ANSWER (1) Business Owner
(2) Executive
(3) Creative Professional
(4) Learned Professional
(5) Computer-related (some)
(6) Outside Salespersons
,Executive Exemption to FLSA - ANSWER - Primary duty must be managing the enterprise, or
managing a customarily recognized department or subdivision of the enterprise;
- Must customarily and regularly direct the work of at least two or more other full-time employees or
their equivalent; and,
- Must have the authority to hire or fire other employees, or the employee's suggestions and
recommendations as to the hiring, firing, advancement, promotion, or any other change of status of
other employees must be given particular weight.
Special Exemption of Business Owners to FLSA - ANSWER An employee who owns at least a bona fide
20% equity interest in the enterprise in which employed, and who is actively engaged in its
management, is considered a bona fide exempt executive.
Professional Exemption to FLSA - Learned Professional - ANSWER Performs work requiring advanced
knowledge, predominately intellectual requiring consistent exercise of discretion and judgment.
Advanced knowledge customarily acquired by a prolonged course of specialized instruction - i.e., 4-
year college degree.
The exemption does not apply to occupations in which most employees acquire skill by experience.
Professional Exemption to FLSA - Creative Professional - ANSWER Work requiring invention,
imagination, originality, or talent in a recognized field of artistic or creative endeavor.
Administrative Exemption to FLSA - ANSWER Primary duty is the performance of office or non-
manual work directly related to the management or general business operations of the employer or
the employer's customers; and
Exercises "discretion and independent judgment" with respect to matters of significance
Outside Salespersons to FLSA - ANSWER Primary duty must be making sales; and
Must be customarily and regularly engaged away from the employer's place or places of business
, Inside sales persons are non-exempt
Computer related occupations - ANSWER Overtime pay not required if paid $27.63/hour on salary
basis (approximately $58,000/year); and primary duties include:
- The application of systems analysis techniques and procedures, including consulting with users; or
- The design, development, documentation, analysis, creation, testing or modification of computer
systems or programs.
Exempt Level Employees - ANSWER Must regularly receive a predetermined amount of
compensation each pay period;
The compensation cannot be reduced because of variations in the quality or quantity of the work
performed;
The employee must be paid the full salary for any week in which the employee performs any work.
Exempt Level Employees
Exceptions to the "no pay docking" rule - need not be paid for: - ANSWER (1) Any full workweek
when no work is performed
(2) Absence from work for one or more full days for personal reasons other than sickness or disability
(3) Absence from work for one or more full days due to sickness of disability if the deductions are
made under a bona fide plan, policy, or practice of providing wage replacement benefits for these
types of absneces and the employee has used all accrued paid leave
(4) To offset any amounts received as payment for jury fees, witness fees, or military pay
(5) Penalties imposed for violating safety rules of "major significance"
(6) Unpaid disciplinary suspension of one or mmore full days imposed for violations of workplace
conduct rules
(7) Unpaid leave taken pursuant to the Family and Medical Leave Act
(8) Proportionate part of an employee's full salary may be paid for time actually worked in the first
and last weeks of employment
