Troy Barnett worked for a property management company that employed over 2,000 full-time employees nationwide. The property manager at Barnett's worksite gave him his daily work assignments.

When Barnett was initially hired, the property manager informed him that the job would require overtime for which he would be Compensated. Barnett's duties were generally performed during a 9:00 A.M. to 5:00 P.M. shift, which included daily preventative maintenance of the building's boilers and air-conditioning system. There were also some seasonal responsibilities regarding the pool and snow removal. He performed garbage removal as well as responding to mechanical or plumbing problems reported by residents. He was further required to restore newly vacated rental units to their original condition in order that they could be rented to new tenants.

Barnett was also required to be "on call" every other week to handle any after-hours emergencies. During the week that he was on call, Barnett was automatically paid two hours overtime pay. If he worked more than two hours, he was paid additional overtime compensation. If he performed no work at all, he still received a minimum of two hours Overtime pay that week.

In fall 2009, Barnett was informed by the property management that due to financial exigencies, he would no longer receive overtime for being on call; he would receive overtime compensation only for actual hours worked in excess of forty in his workweek. Distraught over this loss of income, Barnett filed a complaint with the Wage and Hour Division of the Department of Labor.

a. Is the complaining party a nonexempt employee

under the FLSA?

b. Does the complaining party have a legitimate FLSA

complaint? Why or why not?

c. Could he be compensated with compensatory time?