EmpleoPregunta 942 de 1605
The federal Fair Labor Standards Act (FLSA) sets a 40-hour weekly overtime threshold. When California law provides greater protection (such as daily overtime after 8 hours), which law controls for a California employee?
a.Whichever law the employer chooses
b.The FLSA always preempts state wage law
c.California law, because the more protective (employee-favorable) standard applies
d.Neither; the employee must pick one and waive the other
Explicación
The FLSA sets a federal floor but expressly allows states to enact more protective wage-and-hour standards. When California law is more generous to the employee (daily overtime, double time, meal and rest premiums), the state standard controls. Employers must comply with whichever law provides the greater benefit to the employee; the FLSA does not preempt stronger state protections.
Referencia Legal: Fair Labor Standards Act (FLSA)Practica las 1605 preguntas gratis — sin registro.
Preguntas relacionadas de este tema
- In California, accrued but unused vacation ('paid time off' earned as vacation) is treated as:
- Under Labor Code §227.3, when an employee is terminated with accrued, unused vacation, the vacation must be paid:
- An employer issues wage statements that omit the total hours worked and the correct hourly rates, and the employee suffers injury as a result. Under Labor Code §226(e), what may the employee recover?
- A contractor requires laborers to meet at the company yard, load materials, and ride a company truck to a remote jobsite. Under California law, is the travel time from the yard to the site compensable?
- A worker is required to wait at the jobsite while an inspector arrives, unable to leave or use the time for personal purposes. How should this waiting time be treated?
- An employee files a wage claim with the Labor Commissioner, and the employer fires him in response. What does Labor Code §98.6 provide?
Última revisión: · proceso editorial
Sen Lin, Fundador de PrepPass · Verificado con California CSLB Contractor License Law & Business Exam · Cómo revisamos
Revisado por Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verificar)