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Wage and Hour Department of Labor (DOL) Fluctuating Workweek

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

Maynard Nexsen

The Often Overlooked Fluctuating Workweek Method of Computing Overtime

Maynard Nexsen on

The U.S. Supreme Court recently ruled that a worker who earned more than $200,000 still had to be paid the overtime rate for hours worked over 40 in a workweek. As more fully explained in the recent article by my colleague...more

FordHarrison

Eleventh Circuit Reinforces Fluctuating Workweek Method Of Paying Overtime

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The federal Department of Labor (DOL) has long interpreted the Fair Labor Standards Act (FLSA) to allow an employer to pay a nonexempt employee a fixed salary for all hours worked in a workweek and “half-time” of an...more

Parker Poe Adams & Bernstein LLP

Acknowledgment of Salary Plan Constitutes Understanding of Fluctuating Workweek Pay

Many employers faced with large potential overtime costs elect to implement the fluctuating workweek pay plan for non-exempt workers. Under Department of Labor regulations, employers can pay a guaranteed salary for all hours...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

Jackson Lewis P.C.

Class Action Trends Report Winter 2021

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Last year presented many challenges, and 2021 offers a fresh start. In this issue of the Class Actions Trends Report we review the most significant developments of 2020 and take a look forward to what a new year and a new...more

Jackson Lewis P.C.

2020 Wage & Hour Developments: A Year In Review

Jackson Lewis P.C. on

In 2020, federal and state laws regulating wages and hours of work continued to change and develop, expanding in some areas, and contracting in others. In “2020 Wage & Hour Developments: A Year in Review,” we look back on...more

Hinshaw & Culbertson - Employment Law...

DOL Clarifies Scope of Fluctuating Workweek Overtime Pay Calculation

By definition, the hallmark of the fluctuating workweek (FWW) is that the hours fluctuate. Now, following another opinion letter from the U.S. Department of Labor (DOL) on the topic, employers know that this does not mean...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Updates Guidance on Fluctuating Workweek Pay Method

The fluctuating workweek (FWW) pay plan remains a popular way for employers to manage overtime costs. Under the FWW, non-exempt employees are paid a guaranteed salary for all hours worked in a given week....more

Amundsen Davis LLC

DOL Issues Opinion Letter Confirming That The Fluctuating Workweek Method Of Calculating Overtime Pay Can Apply To Employees Who...

Amundsen Davis LLC on

On August 31, 2020, the U.S. Department of Labor issued a new opinion letter shedding light on the application of the fluctuating workweek method for paying overtime wages required under the Fair Labor Standards Act (FLSA)...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

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Weighs in on Fluctuating Workweek Method: Employee Hours Do Not Need to Fluctuate Below 40 to Qualify

On August 31, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released opinion letter FLSA2020-14. The opinion letter explains that an employee’s hours do not need to fluctuate below 40 hours per week...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

ArentFox Schiff

DOL Opines That Weekly Hours Do Not Have to Fluctuate Above and Below 40 Hours to Qualify for the Fluctuating Workweek Overtime...

ArentFox Schiff on

The Administrator of the U.S. Department of Labor’s Wage and Hour Division (the WHD) issued an Opinion Letter on August 31, 2020, holding that an employee’s work hours do not have to fluctuate above and below 40 per workweek...more

FordHarrison

Department of Labor Issues Wage and Hour Opinion Letter Regarding Permissible Use of the Fluctuating Workweek Method of...

FordHarrison on

The U.S. Department of Labor (DOL), Wage and Hour Division (WHD) issued an opinion letter on August 31, 2020 addressing whether the fluctuating workweek method of compensation may be used when an employee’s weekly hours...more

Jackson Lewis P.C.

DOL Issues New Opinion Letters On Fluctuating Workweek Hours Requirement, Other Topics

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Continuing the practice it reinstituted during the current administration, on August 31, 2020 the U.S. Department of Labor’s (DOL) Wage Hour Division (WHD) issued four new Opinion Letters, addressing a variety of topics. That...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

Fisher Phillips

What Retailers Need To Know About Labor Department’s Interpretation Of The Fluctuating Workweek: Regular Rate Principles Prevail

Fisher Phillips on

The U.S. Department of Labor’s final regulations addressing the FLSA’s fluctuating workweek (FWW) method reminded us that (1) legal principles control and (2) illustrative examples merely demonstrate application. The agency...more

Locke Lord LLP

Wage and Hour Update: Notable FLSA Developments in 2020

Locke Lord LLP on

The Department of Labor (DOL) and courts across the country were busy in the first half of 2020 providing guidance and opinions addressing the Fair Labor Standards Act (FLSA). Here are some of the highlights...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

Greenberg Glusker LLP

In Other News, a Non-Coronavirus Mid-Year Update for Employers

Greenberg Glusker LLP on

The DFEH Finally Publishes its Free Sexual Harassment Training Materials for Non-Supervisory Employees - As we first discussed in a client alert in late 2018, California passed legislation for 2019 requiring that all...more

Bond Schoeneck & King PLLC

Positive Developments for New York Employers on the Use of the Fluctuating Workweek Method of Computing Overtime Compensation

On June 8, the U.S. Department of Labor issued its final rule to provide some clarity for employers seeking to use the fluctuating workweek method of computing overtime compensation under the Fair Labor Standards Act. The...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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fluctuating Workweek Redux: Department of Labor Finalizes Revised Methodology

On June 8, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published its revised fluctuating workweek methodology regulation for calculating overtime in the Federal Register. The new final rule goes...more

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