Fluctuating Workweek Alive And Well In Texas

Law360, New York (September 27, 2013, 12:30 PM EDT) -- Even though a few courts and the U.S. Department of Labor have been seemingly rallying against an overtime concept called the "fluctuating workweek" (FWW), the U.S. Court of Appeals for the Fifth Circuit just reaffirmed, strongly, this compensation approach in Ransom v. M. Patel Enters.

The Aug. 16, 2013, opinion is significant because the FWW can be a useful tool for employers — both in lessening potential overtime damages in wage-and-hour litigation and in reducing overtime overall during the employment relationship.

Can the "rule" of time-and-a-half...
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