News & Analysis as of

Salaried Employees Fluctuating Workweek Department of Labor (DOL)

Fox Rothschild LLP

The Fluctuating Work Week Arrangement: What Does Fluctuate Really Mean?

Fox Rothschild LLP on

I am asked many times by clients whether they should put workers on a fluctuating work week (FWW) arrangement, as a method of providing income stability and also to lower the overtime costs if that person works overtime. ...more

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: The Fair Labor Standards Act (overtime)

Second of two on the FLSA. NOTE FROM ROBIN: In March, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, the second...more

Constangy, Brooks, Smith & Prophete, LLP

Virginia Is For Lovers . . . Of Overtime Litigation

The Virginia Department of Labor and Industry recently released a set of Frequently Asked Questions to help clarify the Virginia Overtime Wage Act, which was signed into law by Gov. Ralph Northam (D) on March 31. The Overtime...more

Proskauer - Law and the Workplace

DOL Reiterates That Hours Need Not Fluctuate Above and Below 40 in Fluctuating Workweek Method of Pay

In an opinion letter issued on August 31, 2020, the U.S. Department of Labor restated its position that an employee’s hours need not fluctuate above and below 40 hours to qualify for the fluctuating workweek (“FWW”) method of...more

Fisher Phillips

DOL’s Fluctuating Workweek Opinion Letter Leaves Us With Unanswered Questions

Fisher Phillips on

The U.S. Department of Labor (USDOL) just released a Wage and Hour Opinion Letter yesterday addressing the fluctuating workweek, reiterating its position that an employee’s work hours do not need to fluctuate above and below...more

Jones Day

DOL Steadies Fluctuating Workweek Rule

Jones Day on

A Department of Labor rule provides that payments other than fixed salary are compatible with the fluctuating workweek method of calculating overtime pay under the FLSA. The Department of Labor's Final Rule, which took...more

Jackson Lewis P.C.

Second Circuit Affirms Use Of Fluctuating Workweek Pay Method For ‘Big Box’ Store District Managers

Jackson Lewis P.C. on

Concluding that the company properly used the fluctuating workweek (FWW) pay method, the Second Circuit Court of Appeals has affirmed summary judgment in favor of retailer Bed Bath & Beyond in a Fair Labor Standards Act...more

Fisher Phillips

Federal Appeals Court Rejects Narrow View of the Fluctuating Workweek

Fisher Phillips on

Coming on the heels of the U.S. Department of Labor recently issuing its final regulations clarifying the fluctuating workweek (FWW) method of overtime compensation under the FLSA, the 2nd Circuit Court of Appeals just issued...more

Littler

DOL Issues Final Rule on Fluctuating Workweek Method of Computing Overtime under Fair Labor Standards Act

Littler on

On May 20, 2020, the U.S. Department of Labor (DOL) released its final rule revising its so-called “fluctuating workweek” regulation. The final rule confirms that incentive payments—such as bonuses, commissions, and other...more

Akerman LLP - HR Defense

Just In Time For Holiday Bonuses: Proposed New Guidance On “Fixed Salary”

Employers who compensate non-exempt employees based on the “fluctuating work week” method, take note. Last month, the Department of Labor issued a proposed rule that would permit employers to supplement the salaries of such...more

Ballard Spahr LLP

Fluctuating Workweek in Flux

Ballard Spahr LLP on

The fluctuating workweek (FWW) pay method allows employers to pay salaried, nonexempt employees a fixed salary, regardless of the number of hours worked per week. Under the FWW method, employees who work more than 40-hours...more

Foley & Lardner LLP

A Win-Win: DOL Proposal Will Expand Use of Fluctuating Workweek Pay (And Some Bonus/Commission Overtime Pay Reminders)

Foley & Lardner LLP on

Earlier this month, the Department of Labor (DOL) announced a proposed rulemaking that will make fluctuating workweek pay—FWW—more beneficial for employers and employees alike....more

Proskauer - Law and the Workplace

Pennsylvania Supreme Court: Fluctuating Workweek Method of Overtime Pay is Unlawful

On November 20, 2019, the Pennsylvania Supreme Court ruled that the fluctuating workweek (“FWW”) method of calculating overtime pay owed to salaried workers is prohibited by state law. Chevalier v. General Nutrition Centers...more

Littler

Fall Regulatory Agenda Indicates DOL Wage and Hour Division is Working on Seven Regulatory Priorities

Littler on

The U.S. Department of Labor issued its bi-annual regulatory agenda update on November 20, 2019.  Of the 63 items listed, the Wage & Hour Division (WHD) included seven regulatory priorities.  Only one of these is new: a...more

Poyner Spruill LLP

Department of Labor Proposes Rule Clarifying Fluctuating Workweek Method of Calculating Overtime Pay

Poyner Spruill LLP on

On November 5, 2019, the Wage and Hour Division of the U.S. Department of Labor proposed a new Rule which would allow employers to offer bonuses and other incentive-based payments to salaried nonexempt employees whose work...more

Fisher Phillips

Attempting to Fix Fluctuating Workweek

Fisher Phillips on

USDOL has announced a proposed rule intended to clarify the "fluctuating workweek" under the FLSA. This is yet another example of the Wage and Hour Division (WHD) continuing to clean up the mess left by its predecessors....more

Seyfarth Shaw LLP

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

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

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