Labor & employment law: Hawaii Contractor Business & Law Practice Questions

What is the federal minimum wage under the FLSA?

The federal minimum wage has been $7.25 an hour since July 24, 2009. Many states and cities set higher minimums.

A state's minimum wage is higher than the federal minimum. Which rate must a covered employer pay?

Employers must comply with both laws, so in practice they pay whichever minimum is higher.

Under the FLSA, when must a non-exempt employee receive overtime pay?

The FLSA requires at least 1.5 times the regular rate for hours over 40 in a workweek. It does not require daily overtime or weekend premiums, though some states do.

How is a workweek defined for FLSA overtime?

The workweek is seven consecutive 24-hour periods. It can start on any day and hour, but once set it stays fixed. Each workweek stands alone.

An employee works 50 hours one week and 30 the next, paid every two weeks. How many overtime hours are owed under the FLSA?

Averaging hours over two or more weeks is not allowed. The first week has 10 overtime hours regardless of the second week.

A laborer paid $24 an hour works 46 hours in a workweek. What are the total wages for that week?

Straight time 40 x $24 = $960. Overtime 6 x $36 = $216. Total = $1,176. ($1,104 is 46 hours at straight time.)

An hourly carpenter earns a production bonus promised in advance for meeting a schedule. How does it affect overtime?

Nondiscretionary bonuses promised to induce work must be included in the regular rate. Only truly discretionary bonuses, gifts and certain other payments are excluded.

A highly skilled finish carpenter earns $1,500 a week on a salary. Is the carpenter exempt from FLSA overtime?

The white-collar exemptions do not apply to manual laborers and other blue-collar workers who perform work with their hands, no matter how much they are paid. Overtime rights cannot be waived.

Under the salary levels the Department of Labor now enforces (the 2019 levels, back after a court vacated the 2024 rule), what minimum weekly salary is generally required for the executive, administrative and professional exemptions?

After a court vacated the 2024 rule, DOL restored the 2019 levels: $684 per week for the standard exemptions and $107,432 a year for highly compensated employees. The salary test is only one part; the duties test must also be met.

Under the FLSA recordkeeping rules, how long must an employer keep payroll records?

Payroll records must be kept at least 3 years. Records used to compute wages, such as time cards and wage-rate tables, must be kept at least 2 years.

How long must time cards used to compute wages be kept under the FLSA?

Supplementary records such as time cards, work schedules and records of additions or deductions must be kept at least 2 years. Other laws may require longer retention.

Which item must an employer record for each non-exempt employee under the FLSA?

Required records include name, address, birth date if under 19, sex and occupation, workweek start, hours each day and week, pay basis, regular rate, straight-time and overtime earnings, deductions, total wages and pay dates.

May a 15-year-old be hired to work on a residential construction site under federal child labor rules?

Federal rules bar 14- and 15-year-olds from most construction work. Office or sales work away from the site may be allowed with hour limits.

A 17-year-old helper wants to work on a roof installing shingles. What do federal child labor rules say?

Hazardous Occupations Order 16 bans most roofing work, including work on or about a roof, for minors under 18. A limited exemption exists for registered apprentices and student-learners aged 16 or 17.

Which task is banned for a 16-year-old construction worker (not an apprentice) under federal Hazardous Occupations Orders?

HO 17 bans most trenching and excavation work for minors, including working in a trench more than 4 feet deep. Other construction HOs cover power-driven saws, hoisting equipment (including forklifts), demolition and roofing.