The second case involves Johnson. Johnson is a floor supervisor in the plant. 55% of the time he is engaged with ordinary production. However, 45% of the time he is engaged with supervising his zone, preparing schedules, and dealing with personnel disputes. If there is a problem, he is responsible for mobilizing his zone to resolve equitable. He also spends times meeting with his superiors in order to provide reports on efficiency of employees and on any other problems that have arisen. For this, he receives 10% more money than his subordinates. He had earlier been classified as an FSLA exempt employee. Now, he is challenging that designation. Although Weyland has a strict no-overtime policy, Johnson has been showing up to work early to drink a cup of coffee, smoke a cigarette, make sure schedules are prepared, doors are unlocked, and preparing workstations for the day ahead. He typically arrives an hour early to perform these tasks. Weyland knew that Johnson was coming in early, and working 45 hours a week.

1. Is Johnson an exempt employee? Be sure to list and discuss the applicable legal standards as well as some of the factors the court will consider.

2. Was Johnson’s pre-shift work preliminary?

3. Was Johnson’s work de minimis?

4. Does Weyland’s policy against overtime mean they don’t have to pay?