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Question
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a business owner is aware that the department of labor has created rules that require overtime pay for employees. when he works his employees more than 40 hours in one week, he makes sure that he works them less than 40 hours the following week. the business owner feels that it is fair to average the number of hours worked over the two weeks covered by the pay period and use that number for calculating overtime pay. a representative of the department of labor informs him that their regulations do not permit this. which of the following is true in this situation?
a. the regulations of the department of labor are administrative law and must be followed by the business owner.
b. the regulations of the department of labor have no authority over private businesses, only over public corporations.
c. because the department of labor is merely a government agency, their regulations do not have the force of law and can be viewed as guidelines rather than requirements.
d. the business owner is only obligated to follow the regulations of the department of labor if one of his employees files a formal request.
Administrative law is made by government agencies like the Department of Labor. These regulations have the force of law and must be followed by relevant entities (in this case, the business owner). Option B is incorrect as administrative regulations do apply to private businesses. Option C is wrong because Department of Labor regulations are not just guidelines but have legal force. Option D is incorrect as the business owner is obligated to follow the regulations regardless of an employee's formal request.
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A. The regulations of the Department of Labor are administrative law and must be followed by the business owner.