The U.S. Department of Labor should disavow and withdraw statements made in 2011 that were intended to undercut the use of fluctuating-workweek pay plans under the FLSA.
Employers should keep in mind that an applicable state law might affect whether a "fluctuating workweek" arrangement is permitted for workers in that jurisdiction.
We have said for a while now that a "fluctuating workweek" pay plan might suit some employers' needs as to workers whom they will no longer treat as overtime-exempt in light of the U.S. Labor Department's coming federal Fair Labor Standards Act exemption changes.
The U.S. Labor Department's "fluctuating workweek" interpretative provision does not warrant the fly-specking veneration that some courts have been giving it.
The Sixth Circuit U.S. Court of Appeals might review a federal judge's decision to defer to one of the U.S. Labor Department's April 2011 fluctuating-workweek assertions.
It is more important than ever to be clear-headed and articulate in opposing the proliferation of the U.S. Labor Department's muddled misconception that bonuses are supposedly "incompatible" with fluctuating-workweek pay plans.
The potential impact of the U.S. Labor Department's unfounded fluctuating-workweek commentary could be exacerbated by unnecessarily dire observations.
The U.S. Labor Department's April 5 Final Rule attempts to restrict fluctuating-workweek pay plans in two ways.
The Seventh Circuit U.S. Court of Appeals has adopted an employer-favorable approach to calculating overtime for an employee who was misclassified as exempt.