1. whether an employee is paid on a salary basis for purposes of the EAP exemptions to the FLSA and its implementing regulations, 29 C.F.R. § 541.604(b), if, in addition to his guaranteed weekly pay—or "salary"—the employee also earns nonguaranteed extras on an hourly, daily or per shift basis that exceed 50% of the employee's guaranteed weekly pay; and

2. whether collective-action "certification" is condition precedent to the joinder of additional party plaintiffs under 29 U.S.C. § 216(b).

whether an employee is paid on a salary basis for purposes of the EAP exemptions to the FLSA and its implementing regulations, 29 CFR. § 541.604(b), if, in addition to his guaranteed weekly pay—or 'salary'—the employee also earns nonguaranteed extras on an hourly, daily or pershift basis that exceed 50% of the employee's guaranteed weekly pay