Mark Wilson v. Schlumberger Technology Corporation
Arbitration ERISA WageAndHour
1. Whether an employer who pays an employee a guaranteed weekly amount that exceeds the salary level test and who is also paid additional compensation on an hourly, daily or per shift basis must meet the "reasonable relationship" test of 29 C.F.R. § 541.604(b) to be paid on a salary basis for purposes of the executive, administrative, or professional exemptions to the FLSA and its implementing regulations, where that additional compensation's relationship to the guaranteed weekly pay exceeds a ratio of 3:1?
2. Whether payment of additional compensation which is based on hours, days, or shifts meets the salary basis test where those payments are for work performed during the employee's normal workweek and not for work beyond the employee's normal workweek as required in 29 C.F.R. § 541.604(a)?
Whether an employer who pays an employee a guaranteed weekly amount that exceeds the salary level test and who is also paid additional compensation on an hourly, daily or per shift basis must meet the 'reasonable relationship' test of 29 C.F.R. § 541.604(b) to be paid on a salary basis for purposes of the executive, administrative, or professional exemptions to the FLSA and its implementing regulations, where that additional compensation's relationship to the guaranteed weekly pay exceeds a ratio of 3:1?