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An engineering company employed engineers, architects, accountants, and administrators. It paid them biweekly salaries and required that they work at least eight hours a day. Employees who worked fewer than eight hours had to use personal time for the hours missed or have pro rata amounts deducted from their pay. Over a period of a year and a half, twenty-four employees had pay deducted for not working full days. The employer decided to cancel its policy of making deductions for less than eight-hour days and refunded the deductions that had been made. Some of the employees sued for unpaid overtime, and the company claimed that they were exempt employees. What should the court decide? Why? (Martin v. Malcolm Pirnie, 949 F.2d 611 (2d Cir. 1991), cert. denied, 506 U.S. 905 (1992))

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