Critical Thinking Questions: 1. What is the legal issue in this case? What did the appeals court decide? 2. This case is argued primarily under the Highly Compensated Employee (HCE) exemption. What must be shown in order to establish that this exemption applies? How does this differ from cases involving less highly paid employees in which one of the white-collar exemptions for executive, administrative, or professional employees must be shown to apply? 3. What evidence supported the conclusion that the field engineers do not customarily and regularly perform duties involving the exercise of independent discretion or judgment? What evidence supported the conclusion that the field engineers do not customarily and regularly perform duties directly related to management or general business operations? 4, How does the court deal with the problem of lack of documentation of hours worked? As a practical matter, what should this employer have done differently regarding record kesping? 5. Do you agree with the decision in this case? Why or why not