USDOL’s final rule recognizes that employees paid under the FLSA’s fluctuating workweek method can receive commissions, weekend pay, etc. – with some caveats.
USDOL has announced a proposed rule intended to clarify the "fluctuating workweek" under the FLSA.
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.
Can employers comply with the FLSA by paying non-exempt employees weekly salaries that "build-in" overtime compensation for up to a particular number of overtime hours?