a. Do I have any FLSA concerns about Avery’s more restrictive policy? Specifically, any FLSA concerns? Explain in detail.

b.Do you see any retaliation concerns?

John owns a sporting goods store and is frustrated that all of his employee’s regular report to work late. To remedy this situation, John implements a new company policy requiring employees to report to work at least 10-minutes prior to the start of their shifts to ensure they are ready to work at their precise start times. Avery is married to John and Avery owns a competing sporting goods store. Avery things that her husband’s policy is brilliant and, although she does not have a problem with employee lateness in the mornings, she says her employees never return from their lunch breaks on time. Based on this, Avery implements a new policy for her employees, requiring employees to return to their desk 10 minutes prior to the end of their beaks. When Avery explains the policy to her employees at the staff meeting, one of her employees, Courtney, raises her hand and tell Avery the policy is improper because the FLSA requires employees to be paid for all hours worked. Avery snaps back at Courtney and says she knows about her legal obligations under the FLSA and her policy is consistent with tit. Avery goes on to say that employees are not required to work during those ten minutes prior to the end of their lunch breaks, but they are expecting to be at their desks or in close proximity so they can resume working at the appropriate time.

Avery goes home to speak with her husband about Courtney’s 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 John’s 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.”

Answer rating: 100% (QA)

Averys more restrictive policy can be an FLSA concern for her Specifically in the Hours Worked secti... View the full answer