ACTUAL QUESTIONS AND CORRECT
ANSWERS
Enforcing Agency of Davis-Bacon Act - Correct answers✔✔DOL
Year that the Supreme Court upheld a state's right to set work hours and overtime requirements -
Correct answers✔✔1917
Year that Supreme Court upheld a state's right to set minimum wages - Correct answers✔✔1937
Year that only states were establishing significant labor laws (with the exception of regulations
aimed at federal contractors). - Correct answers✔✔1938
Year that the Supreme Court upheld the constitutionality of the 1917 decision, the 1937 decision
and the Fair Labor Standards Act (FLSA) of 1938 - Correct answers✔✔1941
Year of Davis-Bacon Act - Correct answers✔✔1931
Purpose of Davis-Bacon Act - Correct answers✔✔protect unionized contractors from
competition by nonunionized contractors paying lower wages
Coverage of Davis-Bacon Act - Correct answers✔✔companies with government construction
contracts in excess of $2,000
,Provisions of Davis-Bacon Act - Correct answers✔✔requires pay scales to be based on
"prevailing wages." Pay is typically interpreted by the government as union equivalent wages
and benefits in the construction trade positions
Enforcing Agency of Davis-Bacon Act - Correct answers✔✔DOL
Purpose of McNamara-O'Hara Service Contract Act - Correct answers✔✔improve working
conditions and pay for employees of government services contractors
Coverage of McNamara-O'Hara Service Contract Act - Correct answers✔✔companies with
government services contract(s) in excess of $2,500
Provisions of McNamara-O'Hara Service Contract Act - Correct answers✔✔requires pay scales
to be based on "prevailing wages." Pay is typically interpreted by the government as union
equivalent wages and benefits in the local labor market
Enforcing Agency of McNamara-O'Hara Service Contract Act - Correct answers✔✔DOL
Purpose of Executive Order 13658 - Correct answers✔✔Establish minimum wage rate for
federal contractors, which may be different from the minimum wage under FLSA
Coverage of Executive Order 13658 - Correct answers✔✔All federal contractors
Provisions of Executive Order 13658 - Correct answers✔✔-Minimum wage for contractors
updated annually by Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-
W)
-must notify all workers, usually by a poster
,Enforcing agency of Executive Order 13658 - Correct answers✔✔Wage and Hour Division of
the Department of Labor
Year of McNamara-O'Hara Service Contract Act - Correct answers✔✔1965
Year of Executive Order 13658 - Correct answers✔✔2014
Year of National Labor Relations Act - Correct answers✔✔1935
Purpose of National Labor Relations Act - Correct answers✔✔create a more equitable
environment for labor / management dispute resolution
Coverage of National Labor Relations Act - Correct answers✔✔all employers involved in
interstate commerce (except airlines, railroads, agriculture and government)
Provisions of National Labor Relations Act - Correct answers✔✔-guaranteed right and
established process for employees to select or reject third-party representation.
-rules for bargaining in good faith
-controls against unfair labor practices
Enforcing Agency of National Labor Relations Act - Correct answers✔✔NLRB
-States (with rare exception) are prohibited from regulating the rights and obligations established
by NLRA
-Neither federal courts nor DOL have jurisdiction in matters concerning NLRB
Two NLRB cases affecting compensation - Correct answers✔✔-Electromation Inc. 1992
, -Keeler Brass Automotive 1995 -reaffirmed position
NLRB rulings b/c of Electromation case - Correct answers✔✔employers must be careful to
establish and enforce boundaries of employment so that employees are not involved in
negotiating the terms and conditions of employment
NLRB rulings - Correct answers✔✔-If employer contends "ability to pay" when bargaining
wage rates, employer can be required to disclose data fully. -Employers may be required to
supply corporate financial data and external salary survey data that was used to establish the
company's position on competitive salary levels.
-Rules prohibiting discussion of pay interfere with employees' right to engage in concerted
activity.
-Social media is an evolving area. Concerted activity cannot be punished. Employer "bashing"
may be grounds for discipline.
Purpose of Sherman Antitrust Act - Correct answers✔✔-preserve competitive business
environment
-remove monopolies
Coverage of Sherman Antitrust Act - Correct answers✔✔all employers engaged in interstate
commerce
Provisions of Sherman Antitrust Act - Correct answers✔✔Labor Unions can use to ensure
competitive wage levels through the elimination of anticompetitive price fixing
Enforcing Agency of Sherman Antitrust Act - Correct answers✔✔DOL:
-criminal prosecution against individuals, company, or both
-party can bring civil suit for treble damages