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https://www.dol.gov/agencies/whd/fact-sheets/82-bonus-rule#:~:text=As%20a%20result%2C%20the%20total%20number%20of%20hours,federal%20minimum%20wage%20for%20each%20hour%20they%20work.
https://www.patriotsoftware.com/blog/payroll/fluctuating-workweek-overtime-method/
An employee who works a fluctuating workweek has a different amount of work hours from week to week. Employees who work fluctuating workweeks earn a fixed salary, regardless of how many hours they work per week. For example, the employee would earn the same weekly salary whether they worked 35 or 40 hours.
https://www.hrdive.com/news/back-to-basics-fluctuating-workweek-means-no-overtime-pass/610404/
2 days ago · Fluctuating hours It may seem obvious, but it's a key requirement of the method: workers paid by the fluctuating workweek method must have fluctuating hours. One week, they may work 15 hours.
https://zmattorneys.com/the-fluctuating-workweek-common-mistakes-employers-make/
The number of hours the employee works in one week fluctuates above and below 40 hours from week to week. Please note that if your employee consistently works 40 or more hours and rarely, if ever, drops below 40 hours weekly, this method cannot be used. There must be evidence of fluctuation to implement this method.
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 …
https://www.dol.gov/agencies/whd/overtime/fww
Final Rule: Fluctuating Workweek Method of Computing Overtime. On May 20, 2020, the U.S. Department of Labor announced a final rule that allows employers to pay bonuses or other incentive-based pay to salaried, nonexempt employees whose hours vary from week to week. The final rule clarifies that payments in addition to the fixed salary are compatible with the use of …
https://blogs.hirevelocity.com/when-fluctuating-workweek-is-and-isnt-best-for-business
When an employee’s hours fluctuate from week to week, the fluctuating workweek provision allows employers to pay a fixed weekly salary, regardless of the amount of hours worked during that week plus a half-rate overtime premium. The “time” part of time-and-a-half is already included in the fixed rate salary.
https://www.lawandtheworkplace.com/2020/05/dol-amends-regulation-on-fluctuating-workweek-method-of-pay/
For almost 80 years, it has been the law that an overtime-eligible employee whose hours fluctuate from week to week and who agrees to receive a fixed weekly salary covering all hours of work is entitled to a halftime premium for hours worked in excess of 40 per week—not a “time and a half” premium. The rationale is that the employee, by virtue of the fixed salary …
https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/labor-department-expands-fluctuating-workweek-overtime-rule.aspx
To use the fluctuating workweek method, employees' hours actually have to change week to week, and employees must receive a fixed salary even when they work less than their regularly scheduled...
https://www.wevv.com/content/news/Staff-Shortage-Affecting-Holiday-Business-Hours--575703171.html
Opening from 6 a.m. until 4 p.m. Monday through Thursday and varying hours over the weekend. Although the work hours are cut shorter, the lack of staff is hard on the workers like Malayah Price, a high schooler who works 5 - 6 day's out of the week. "It gets really hard. I get called in on my days off," said Price.
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