Answer each of the following 3 Question Sets. In preparing your answer to each part of the

assignment,
please insert the number of the question you are answering at the beginning of your response.
Question Set One
After graduating from Cal Poly University
–
San Luis Opispo with a degree in business and accounting, Chuck Liddell
opened “Iceman Accounting,” a Santa Barbara based firm designed to meet the complex accounting

needs of
ultimate fighters. In 2010, Iceman hir
ed Jenna, a graduate of MIT with seven
–
years of accounting experience. Jenna
was not looking for a job. In fact, she was about to make partner at a “big
–
four” accounting firm, where she recently
won the
highly prestigious and much
–
coveted golden pencil awa
rd. To lure Jenna away, Chuck offered Jenna an
annual salary of $200,000 and a corner office. Although Chuck needed a second associate, he could

not afford
another associate with such an exorbitant salary. To keep labor costs in line, Chuck placed an ad

in
the Santa
Barbara News
–
Press seeking an accountant with 3
–
6 years of experience with a starting salary of $100,000. John, a
graduate of Youngstown State University with three years of accounting experience, responded to the

ad. While
John could have made
slightly more money at other accounting firms, he accepted Chuck’s offer of $100,000 per
year because loves mixed
–
martial arts and wanted to work with Chuck and his clients.
Chuck expects all associates of Iceman Accounting to bill at least 2,000 hours pe
r year. For all hours worked in
excess of 2,000 in a year, associates are eligible for a bonus equal to 25% of all revenues

generated by such work.
Jenna’s hourly rate is $400. John’s hourly rate is $300. Jenna billed 2500 hours last year, which

earned her
a
$50,000 production bonus. On the other hand, John only billed 1900 hours, so he did not qualify for

a production
bonus.
In addition, associates are eligible for a bonus for all work originated (work the associate

“brings in the door”) equal
to 25% of a
ll revenues generated. Since joining Iceman, John has become good friends with Chuck. Chuck

routinely
brings John to ultimate fighting events while Jenna works tirelessly crunching numbers back at the

shop to earn her
production bonus. Through his attendan
ce at ultimate these events, John developed a significant client base. Last
year, John originated $2,000,000 of business, which earned him a $500,000 bonus. While Jenna’s

current base
salary remains higher than John’s, when production and origination bonus
es are considered, John earned more
than twice as much as Jenna last year. In 500 words or less, analyze the fact pattern under the

Equal Pay Act.
?
First, identify
the narrow Issue(s) identified in the fact pattern.
?
Secon
d, identify the Rule or test used to analyze such issue(s).
?
Third, identify the court’s likely Application or Analysis of the salient/most important facts to

the
rule/test.
Question Set Two
The Springfield Nuclear Power Plant (SNPP) is owned and operated
by Montgomery Burns. Mr. Burns employs
Waylon J. Smithers, Jr. as his personal assistant. As an administrative assistant for the owner,

the SNPP classified
Smithers as an exempt employee under the FLSA. SNPP pays Smithers $500 per week on a salary basis.

S
mithers
is a
servile self
–
seeker who attempts to win favor by flattering Mr. Burns. Smithers performs traditional secretarial
duties for Mr. Burns, including taking short
–
hand, scheduling, answering phones and running errands. Mr. Burns
hates to be alone
—
e
ven for a minute. Mr. Burns requires Smithers to be with him from 7 a.m. until 7
p.m.,
Monday
through
Friday, 52 weeks a year. Mr. Burns docks Smithers $100 for each absence and $50 each
time Smithers is late for work. SNPP requires Smithers to sign a writ
ten authorization before deducting any amounts
from his salary.
?
First, in 250 words or less, analyze SNPP’s classification of Smithers as an exempt employee under

the
FLSA.
?
Second, assuming Smithers were properly classified as an exempt salaried employee,
analyze whether
SNPP engaged in any activity that placed the exemption at risk under the FLSA.
Question Set Three
Dunder Mifflin,
a paper supply company, has employed Dwight Kurt Schrute III as a sales representative based out
of the Company’s Scranton, P
ennsylvania office since at least 2005.
Dunder Mifflin, a paper supply company, has employed Dwight Kurt Schrute III as a sales

representative based out
of the Company’s Scranton, Pennsylvania office since at least 2005.
Dwight owns and operates a bed
–
and
–
breakfast roughly 60 minutes from the Scranton office. Despite the distance
from his bed
–
and
–
breakfast to the office, Dwight commutes to Scranton on a daily basis. Because his customers
tend to be available between 7:30 and 8:30 AM, that’s usually the bes
t time to get a hold of them. Consequently,
Dwight spends his morning commute contacting customers, scheduling afternoon sales calls and

conducting other
business with them. Scranton Bank & Trust, Dwight’s largest client, prefers to meet with Dwight at

7:0
0 a.m. on
Mondays. Dwight arrives at Scranton Bank & Trust every Monday at 7:00 a.m. The remaining mornings,

Dwight
arrives at the office at or shortly before 8:30 a.m. Dunder Mifflin expects its sales team to work

from 8:30 a.m. until
5:00 p.m. each day w
ith a 30 minute meal period, but Dunder Mifflin does not keep track of hours worked. Dunder
Mifflin pays Dwight and the other members of the sales team $800 per week, representing $20 per

hour for a
standard 40 hour workweek. In addition, once a month, Dun
der Mifflin issues commission checks to its sales team.
Dwight’s checks average $1,000 per month. On rare occasions, Dunder Mifflin issues a discretionary

bonus to its
sales team. Dwight received $2,000 in discretionary bonuses last year.
On Monday and Wed
nesday, Dwight takes clients to lunch. The remaining days, Dwight eats at his desk. When
Dwight eats at his desk, he surfs the internet. During the average morning, Dwight performs roughly

30 minutes of
work, with the remainder of his time being involved i
n shenanigans with Jim Halpert. Dwight spends each of his
afternoons making sales calls. Dwight drives home each day immediately following his last sales

call. On all nights
except Thursday, Dwight arrives home at 7:00 p.m. On Thursday evenings, the Scrant
on office holds its weekly
sales meetings at Poor Richard’s Pub. Dwight looks forward to this weekly outing, primarily because

it provides
Dwight with an opportunity to sample from Poor Richard’s long list of expensive beet
–
wines on Dunder Mifflin’s dime
(
Dunder Mifflin picks up the check). Dwight generally arrives home on Thursday evenings at 9 p.m.
Disgruntled by Jim Halpert’s non
–
stop pranks, Dwight quits his job and files a lawsuit against Dunder Mifflin.
Assume Dwight does not qualify for the outside s
ales exemption. Assume that Dwight’s last stop each day is the
same distance from home as the Dunder Mifflin office. Assume Dwight’s meals at his desk are

uninterrupted.
?
First, in 250 words or less, identify the compensable time Dwight worked on a weekly b
asis.
?
Second, in 250 words or less, calculate the regular rate of pay applicable to Dwight in the average
week. Credit is given for showing your math; guess wrong without math, however, and no points will

be
assigned.