The U.S. Department of Labor (USDOL) just released a Wage and Hour Opinion Letter today addressing the fluctuating workweek, reiterating its position that an employee’s work hours do not need to fluctuate above and below 40 hours for an employer to rely upon the fluctuating workweek method of calculating overtime. However, there remain some unanswered questions that should cause employers to tread cautiously when implementing this system.
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.
The U.S. Labor Department's "fluctuating workweek" interpretative provision does not warrant the fly-specking veneration that some courts have been giving it.
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.