News & Analysis as of

Fluctuating Workweek

Use of Fluctuating Work Week Method To Pay Overtime Must Have A Fixed Salary As The Foundation

by Fox Rothschild LLP on

A class of equipment operators and trainees has asked a federal court to approve a $1.35 million settlement of their FLSA class action lawsuit alleging the Company did not fairly pay them their wages and used a gimmick to...more

How Is 2017 Like 1947?

by Fisher Phillips on

Once upon a time, a seriously-alarmed legislature grew concerned that wage-hour claims and litigation had gotten out-of-hand. A series of court decisions had, among other things, broadly expanded the scope of what counted...more

A Wage and Hour Time Bomb: Case Highlights the Scope of FLSA’s “Fluctuating Workweek” Method for Paying Overtime

There are still quite a few unsettled questions regarding the details of how overtime compensation must be calculated and paid to employees under the Fair Labor Standards Act (FLSA). Within these grey areas, collective and...more

Connecticut Supreme Court Upholds Fluctuating Workweek Method . . . but Not for Retail Employees

The Connecticut Supreme Court’s holding in Williams v. General Nutrition Centers, Inc., No. SC 19829 (August 17, 2017) is a mixed bag for Connecticut employers. While the court held that Connecticut law does not generally...more

Connecticut Wage Regulations Bar Fluctuating Workweek Method In Calculating Overtime Pay For Retail Workers

by Jackson Lewis P.C. on

State wage regulations promulgated by the Connecticut Department of Labor prohibit use of the “fluctuating work week” method of calculating overtime pay for mercantile (retail) employees, the Connecticut Supreme Court has...more

I-14: Update on EEO-1 and I-9 Forms, Employer Obligations After a Hurricane or Other Natural Disaster, and Attorney Jason Barsanti...

by Cozen O'Connor on

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, provides an update on required EEO-1 and I-9 Forms, and addresses Employer Obligations to Employees After a Hurricane or Other Natural Disaster....more

Revisiting the Fluctuating Workweek Method: CT Supreme Court Says No for Retail Employees

by Shipman & Goodwin LLP on

It never seems to fail; I go on vacation and the Connecticut Supreme Court issues one of the few employment law decisions it issues every year during that week. Fortunately for all of us, it concerns the fluctuating work...more

Connecticut Supreme Court Rules Against Use of Fluctuating Workweek Method in Calculating Overtime Pay for Retail Employees

On August 17, 2017, in Williams v. General Nutrition Centers, Inc., the Connecticut Supreme Court invalidated the fluctuating workweek method of calculating overtime pay for retail employees who are paid in whole or in part...more

Fifth Circuit Limits Use of Fluctuating Workweek

by Franczek Radelet P.C. on

Employers who rely on the fluctuating workweek method to calculate overtime for employees should take a few minutes to review a new ruling from the Fifth Circuit Court of Appeals that draws some new lines around when the...more

Employers Beware: Fifth Circuit Narrows “Fluctuating” Workweek

by Reed Smith on

In a recent Wage and Hour development, the Fifth Circuit held that the “fluctuating workweek method,” which allows employers to decrease their liability for overtime payments in situations where they misclassify exempt...more

Turning Over Every Stone: Don’t Ignore Possible Exemptions And Waivers

by Fisher Phillips on

Many employers fail to fully appreciate the existence of a variety of exemptions from, or waivers of, some of California’s strict wage and hour regulations. A quick survey of common issues includes the following escape...more

Nevada Labor Commissioner Advises that Employers May Compensate Certain Employees Under Fluctuating Work Week Method

by Littler on

On May 25, 2017, the Nevada Labor Commissioner posted an Advisory Opinion stating that the fluctuating work week method (FWW) may be used to compensate certain nonexempt employees. The Advisory Opinion stated the FWW method...more

Health Care E-Note - August 2016

by Burr & Forman on

The Alabama Natural Death Act contains the provisions on how an individual may plan for end-of-life decisions. Specifically, it outlines the requirements for a valid Advanced Directive and the removal and withdrawal of life...more

The Fluctuating Workweek Approach to Compensation – It Could Save You Money!

by Foley & Lardner LLP on

With the new, increased salary requirements set to take effect later this year for exempt employees, many employers are asking how they might reduce their overtime obligations. One possible approach is the fluctuating...more

Think You Are Exempt? New FLSA Salary Thresholds Affect California Employers, Too.

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Changes to the FLSA regulations increasing the minimum weekly salary for exempt employees will impact California employees who currently are being paid less than $47,476 per year. Wise employers will start...more

DOL’s Increased Salary Test: What Employers Need to Know

by Foley & Lardner LLP on

For months, employers have been anxiously awaiting the Department of Labor’s (DOL’s) final rule on exemptions from overtime under the Fair Labor Standards Act (FLSA) and wondering whether the DOL would pass the rule as...more

First Circuit Approves Use of FWW Method for Pay That Varies Due to Performance-Based Commissions

The First Circuit Court of Appeals recently affirmed a lower court’s decision that an employer may use the fluctuating workweek method to calculate overtime pay rates even when an employee’s weekly pay varies because of...more

Affirming Common Sense: Appeals Court Rejects Plaintiff’s “Two Rights Make A Wrong” Theory Involving Fluctuating Workweek Method

by Seyfarth Shaw LLP on

The U.S. Court of Appeals for the First Circuit recently sided with an ever-increasing line of cases clarifying the type of payments that may be added to a fixed salary without violating the fluctuating workweek method...more

Department of Labor Makes Its Move

With just more than a year left in this administration, the U.S. Department of Labor (“DOL” or “Department”) has rolled out two major initiatives that promise to keep employers busy ensuring they are in compliance. First, in...more

Salary and Duty Test Worries? Instead, Have It Your Way

The U.S. Department of Labor (DOL) recently published proposed rules increasing the salary to be overtime-exempt to an estimated $50,440 per year as of January 2016. There will likely be an automatic annual salary escalator...more

The DOL’s New Proposed Overtime Rules and Part-Time White Collar Employees: Can the Fluctuating Workweek Method Solve the Problem?

by Seyfarth Shaw LLP on

The big questions often have surprisingly simple solutions, staring right back at us: - If a tree falls in the forest, and no one hears it, does it make a sound? Sound exists as a mechanical wave of pressure,...more

Salary and Duty Test Worries? Maybe Try Something Else!

Do you have employees who are currently overtime exempt making under $50,000 per year, who play an important role in your organization, but you can’t justify paying a higher salary to avoid having them becoming nonexempt...more

FLSA Exemption Changes: More On Salaried-Employee Alternatives

by Fisher Phillips on

Our April 27 post gave an example of how to reduce the financial impact of a previously-exempt employee's becoming subject to the federal Fair Labor Standards Act's overtime requirement. The illustration had to do with the...more

Some Additional Thoughts on "Half-Time" Overtime: The Fluctuating Workweek Method

by Franczek Radelet P.C. on

Last week, we discussed the fluctuating workweek method and its possible benefits. Remember that the fluctuating workweek method is not a "save lots of overtime expenses method." Employers who use the fluctuating workweek to...more

Supposed Fluctuating-Workweek "Legal Prerequisites" Come From Where, Exactly?

by Fisher Phillips on

"Fluctuating workweek" pay plans are provoking much litigation under the federal Fair Labor Standards Act. These arrangements call for a non-exempt employee to be paid a salary as straight-time compensation for all hours...more

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