I always tell clients it is not enough to “merely” comply with the Fair Labor Standards Act on wage-hour issues. I always tell them that they must comply with State
Continue Reading Compliance With The FLSA Is Not Enough—Be Aware Of State Laws As Well!The USDOL has been pretty busy lately issuing new rules and interpretations about FLSA issues, including vague, nuanced issues like the inclusion (or not) of bonuses in the regular rate
Continue Reading USDOL Clarifies the Fluctuating Work Week Method of Paying Overtime and Its Relationship to Provision of Bonuses: Keep Those Interpretations Coming!
I have long been a fan of the fluctuating work week (FWW) method of paying overtime to non-exempt salaried employees. This computation yields a half-time calculation, i.e. a lower calculation
Continue Reading Fluctuating Work Week Calculation of Back Due Overtime Not Allowed by Pennsylvania Supreme Court
I like how the USDOL is moving along with proposals and plans that assist employers in running their businesses, compensating their employees fairly, and, importantly, not running afoul of the
Continue Reading New DOL Proposed Rule on Fluctuating Work Week Is a Keeper!
The fluctuating work week (“FWW”) method of computing overtime is very misunderstood and, often, misused by employers. On that note, I read an interesting post in the Epstein Becker Wage
Continue Reading Fluctuating Work Week Compensation-Court Clarifies Many Confusing Issues
A class of equipment operators and trainees has asked a federal court to approve a $1.35 million settlement of their FLSA class action lawsuit alleging the Company did not fairly
Continue Reading Use of Fluctuating Work Week Method To Pay Overtime Must Have A Fixed Salary As The Foundation
A group of New Jersey sales associates who work in Dish Network LLC call centers urged a federal court to confirm a $1.9 million arbitration award stemming from a proposed
Continue Reading Use of Fluctuating Workweek Method To Compute Damages Disallowed
I am often asked by clients if paying non-exempt employees on a day rate or via some other form of compensation, rather than an hourly rate, somehow “frees” an employer
Continue Reading Paying Day Rates Does Not Alter FLSA Overtime Obligations
There had been an initiative to change the regulations regarding the fluctuating work week (“FWW”) computation of overtime found in 29 CFR 778.114 by allowing the payment of non-overtime bonuses
Continue Reading US DOL Issues Fluctuating Work Week Regulations: Agency Sticks To What It Knows
An employee who was paid a salary, deemed exempt by her employer, filed a lawsuit claiming she was in fact non-exempt and won. The calculation of her damages, however, was
Continue Reading The Continuing Saga Of The Fluctuating Work Week Heads To The Supreme Court