This section contains the nature of the case and procedural background.

D’s primary business is creating business information publications and selling those publications to various entities using sales representatives. D requires its sales representatives to log on and log off its computer and telephone systems at certain times. Representatives remain logged on to the computer system while making outbound sales calls, documenting the results of those calls, receiving training, and other approved tasks. They are only paid for the time that they are logged into the timekeeping system. In July 2009, D implemented a written compensation policy stating, among other things, that: 'Representatives may take personal breaks at any time for any reason. Personal break time is not paid because it is a disadvantage to the representative to do so.' f a sales representative is not on an active sales call, recording the results of a call, engaged in training or administrative activities, or engaged in other activities that D considers to be work-related, the representative is required to log-off the computer system. On March 16, 2011, P informed D that breaks of twenty minutes or less were compensable and that D's policy of not paying for those breaks resulted in violations of the FLSA's minimum wage requirement. P initiated this action against D. The parties cross-moved for summary judgment and also cross-moved to exclude the expert testimony offered by the opposing side. P alleges that D violated the minimum wage provisions of the FLSA, namely 29 U.S.C. § 206(a)(1)(C). 85.18. P argues all workday breaks of 20 minutes or less are compensable time under 29 C.F.R. § 785.18. D argues § 785.16 is the appropriate regulation because D's break policy is completely flexible, allowing D employees to take as many breaks as they want for as long as they want, even though the law does not require an employer to permit any breaks at all and because no matter how long or short the break, the employee is completely relieved of all duties during that time and is under no obligation to return to work.

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