Inspiration strikes when it strikes, and sometimes that's when I'm on vacation, or at home at 2am, etc. It's not a FLSA violation for an employer to have a flexible schedule policy. I get paid for every hour I work, since a few extra hours on a project at home turns into a shorter day later that week or the next. And it means I don't feel guilty when I get into an off-topic conversation in the office, or have to run home at lunch to let the dog out.
Now, I deeply respect the history behind the FLSA, and the excesses that can easily occur in non-unionized shops, particularly in the private sector. But I also know enough law to know that the cases where damages are awarded are the ones where an abusive or coercive relationships are at play, not ones where professionals with significant discretion in how they get their work done decide to use that discretion.
Branson may well, rightly, find himself on the wrong side of that line some day, but my bet would be that jmspool, also rightly, won't.