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https://www.dol.gov/agencies/whd/fact-sheets/82-bonus-rule#:~:text=This%20type%20of%20schedule%20is%20called%20a%20%E2%80%9Cfluctuating,hour%20they%20work%20over%2040%20in%20a%20workweek.
https://www.dol.gov/agencies/whd/fact-sheets/82-bonus-rule
The fluctuating workweek method can be used only if the salary does not change even when the number of hours worked increases or decreases. However, employers may take occasional deductions from the employee’s salary for disciplinary reasons such as willful absences or tardiness or for infractions of major work rules, as long as the deductions do not violate the minimum wage or overtime pay requirements …
https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/2020_08_31_14_FLSA.pdf
WHD Opinion Letter FLSA (Oct. 27, 1967) (“There is no requirement that the hours of work of an employee compensated on a fluctuating workweek basis fluctuate above and below 40 hours in a workweek….”); WHD Opinion Letter FLSA2009-3, 2009 WL 648995 (Jan. 14, 2009) (fluctuating workweek method can be used to compute back wages for workers whose
https://oilfieldovertime.com/fluctuating-workweek-hours-and-additional-overtime-pay/
Fluctuating workweek hours and additional overtime pay under the FLSA. January 31, 2019 / Fair Wage Laws, Overtime Pay, Unpaid Overtime. The 5th Circuit recently clarified the circumstances under which the fluctuating workweek (“FWW”) applies to overtime cases.
https://www.patriotsoftware.com/blog/payroll/fluctuating-workweek-overtime-method/
You can use the FLSA fluctuating workweek method to determine overtime if you meet all five of the following requirements: The employee’s work hours fluctuate from week to week (no range requirements saying hours must fluctuate above and below …
https://www.law.cornell.edu/cfr/text/29/778.114
(a) An employer may use the fluctuating workweek method to properly compute overtime compensation based on the regular rate for a nonexempt employee under the following circumstances: (1) The employee works hours that fluctuate from week to week;
https://www.hrdive.com/news/back-to-basics-fluctuating-workweek-means-no-overtime-pass/610404/
2 days ago · One week, they may work 15 hours. The next week, they may work 50. The U.S. Department of Labor, which enforces the FLSA, hasn't created a legal definition of the fluctuating workweek. There is …
https://www.thefriedmannfirm.com/the-flsa-fluctuating-workweek-what-is-it/
The Fair Labor Standards Act (FLSA) permits employers to pay non-exempt employees under a fluctuating work week method, which basically means the employer pays a fixed salary for all hours worked, whether an employee works less than 40 hours or more than 40 hours a week.
https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/fluctuating-workweek-method-of-calculating-overtime-pay.aspx
First, the employees' hours actually have to fluctuate on a week-to-week basis, and employees must receive the fixed salary even when they work less than their regularly scheduled hours.
https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/court-report-flsa-fluctuating-workweek.aspx
Under the fluctuating workweek method, there is no fixed number of expected work hours. Rather, the employee is compensated for all hours worked as …
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