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Avery goes home to speak with her husband about Courtneys comments. John tells Avery that Courtney should consider herself lucky that the policy is not

Avery goes home to speak with her husband about Courtneys comments. John tells Avery that Courtney should consider herself lucky that the policy is not more restrictive. John goes on to say that Courtney seems to be a troublemaker and what Avery should really do is require employees to remain at their desks during their entire lunch hours. Once again, Avery thinks that Johns idea is brilliant, so she revises her policy to require employees to be at their desks during their lunch hours. In addition, Avery knows Courtney will object to the policy so, in order to avoid an issue, she sends the following email: Courtney, I have posted a revised policy regarding lunch breaks. And before you tell me that this is a violation of the FLSA, I want to tell you that I researched my rights as an employer. I want to make it clear to you that I will not require you to work during your unpaid lunch hour. However, in the event that the phone rings and you answer it or that I do give you the assignment to complete during that time, then yes, I will pay you for the time. That you for your cooperation.

  1. Do you have any FLSA concerns about Averys more restrictive policy? Specifically, any FLSA concerns? Explain in detail.
  2. Do you see any retaliation concerns?

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