The status of a graduate assistant must be analyzed based on the 'economic realities' of each individual.
How do you prevent employees from claiming overtime wages for the off-the-clock time they spend receiving, reading, and sending work-related emails? Maybe an email curfew is the answer.
There is a clear advantage to paying your salaried non-exempt employees via the fluctuating workweek. Just make sure you meet the FLSA’s four-pronged test.