USDOL has announced a proposed rule intended to clarify the "fluctuating workweek" under the FLSA.
USDOL has maintained a very busy agenda for the end of 2018 and the beginning of 2019, but recent action plans released by the President show that we may be in for additional, significant regulatory changes in the future.
Here is a handy list of facts to gather before tackling FLSA inclement weather questions.
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.