context: Second, Badon's oral explanation of the coefficient employee pay scheme accorded with the clear understanding criterion. It included a statement that the new coefficient employee would receive his or her salary, regardless of the number of hours he or she was assigned to work in a week. She also secured written statements expressing an understanding of her presentation.
citation_a.signal: see
citation_a.identifier: 1992 WL 317199, at *3
citation_a.parenthetical: "where an employee has signed and acknowledged an explanatory form indicating how FLSA's fluctuating workweek plan operates, a 'clear mutual understanding of the parties exists' "
citation_a.sentence: See Condo, 1992 WL 317199, at *3 (“where an employee has signed and acknowledged an explanatory form indicating how FLSA’s fluctuating workweek plan operates, a ‘clear mutual understanding of the parties exists’ ”); see also Highlander, 805 F.2d at 647-48 (no clear error in finding that employee, who signed a form acknowledging her understanding of the fluctuating workweek method, possessed a clear comprehension of how she was paid); cf. Bailey, 94 F.3d at 156 (“nor do the regulation and the FLSA in any way indicate that an employer must secure from its employees written acknowledgments indicating that the employees’ pay plan has been explained to them”). Badon’s explication, along with the written example, enabled Conn to fulfill the clear understanding criterion.
citation_b.signal: cf.
citation_b.identifier: 94 F.3d 156, 156
citation_b.parenthetical: "nor do the regulation and the FLSA in any way indicate that an employer must secure from its employees written acknowledgments indicating that the employees' pay plan has been explained to them"
citation_b.sentence: See Condo, 1992 WL 317199, at *3 (“where an employee has signed and acknowledged an explanatory form indicating how FLSA’s fluctuating workweek plan operates, a ‘clear mutual understanding of the parties exists’ ”); see also Highlander, 805 F.2d at 647-48 (no clear error in finding that employee, who signed a form acknowledging her understanding of the fluctuating workweek method, possessed a clear comprehension of how she was paid); cf. Bailey, 94 F.3d at 156 (“nor do the regulation and the FLSA in any way indicate that an employer must secure from its employees written acknowledgments indicating that the employees’ pay plan has been explained to them”). Badon’s explication, along with the written example, enabled Conn to fulfill the clear understanding criterion.