Clarifying 'Fluctuating Workweek' In OT Calculations

Law360, New York (November 11, 2008, 12:00 AM EST) -- On July 28, 2008, the U.S. Department of Labor proposed regulations to clarify existing regulations regarding the application of the “fluctuating workweek” method of computing overtime for employees who work fluctuating hours from week to week.[1]

Specifically, the new regulations seek to clarify the impact of bonuses and premium payments on overtime calculations and to provide updated sample calculations. The notice and comment period closed on Sept. 26, 2008.

This article provides a brief background and description of the “fluctuating workweek” method of compensating employees, outlines...
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