Fluctuating Work Week Holiday Pay

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Federal Register :: Fluctuating Workweek Method of ...

https://www.federalregister.gov/documents/2019/11/05/2019-23860/fluctuating-workweek-method-of-computing-overtime

Nov 05, 2019 · For example, a 1999 Wage and Hour Division (WHD) opinion letter explained that an employer using the fluctuating workweek method may pay bonuses for working holidays or vacations, broadly instructing that “ [w]here all the legal prerequisites for the use of the fluctuating workweek method of overtime payment are present, the Start Printed Page 59592 FLSA, in requiring that `not less than' …

DOL Amends Regulation on “Fluctuating Workweek” Method of Pay

https://www.lawandtheworkplace.com/2020/05/dol-amends-regulation-on-fluctuating-workweek-method-of-pay/

May 20, 2020 · Adds examples to Section 114 to illustrate these principles where an employer pays an employee, in addition to a fixed salary, a nightshift differential, a productivity bonus, or premium pay for weekend work. Changes the title of the regulation from “Fixed salary for fluctuating hours” to “Fluctuating Workweek Method of Computing Overtime.”

Final Rule: Fluctuating Workweek Method of Computing ...

https://www.dol.gov/agencies/whd/overtime/fww

Final Rule: Fluctuating Workweek Method of Computing Overtime On May 20, 2020, the U.S. Department of Labor announced a final rule that allows employers to pay bonuses or other incentive-based pay to salaried, nonexempt employees whose hours vary from week to week.

Paying Incentives Under Fluctuating Workweek Method ...

https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/Court-Report-paying-incentives-fluctuating-workweek.aspx

Employers can generally use the fluctuating workweek method to calculate overtime pay under the Fair Labor Standards Act (FLSA) if certain requirements are met. But an employer could not use this ...

What Is a Fluctuating Workweek, and How Did It Change ...

https://blog.employerscouncil.org/2020/06/01/what-is-a-fluctuating-workweek-and-how-did-it-change/

Jun 01, 2020 · A fluctuating workweek is intended for those employees whose hours fluctuate from week to week, both above and below 40 hours a week. Employers determine a set salary for all workweeks, and then that is the base payment for all hours worked in a week. Any overtime worked is paid at an additional half-time rate rather than 1.5 times the hourly rate.

DOL Issues Fluctuating Workweek Proposal Permitting ...

https://ogletree.com/insights/dol-issues-fluctuating-workweek-proposal-permitting-employers-to-include-bonus-pay-when-calculating-overtime/

Nov 07, 2019 · On November 4, 2019, the U.S. Department of Labor (DOL) announced its notice of proposed rulemaking (NPRM) that would give employers more flexibility in the way they calculate overtime pay for workers with inconsistent schedules that result in workweeks with varying hours of work. This proposal would update the Fair Labor Standards Act’s (FLSA) fluctuating workweek …

Fluctuating Workweek Definition, Overtime Calculations ...

https://www.patriotsoftware.com/blog/payroll/fluctuating-workweek-overtime-method/

Jan 21, 2019 · Some employees who work fluctuating workweeks earn a fixed salary, regardless of how many hours they work per week. For example, the employee would earn the same weekly salary whether they worked 35 or 40 hours. A salaried employee’s hourly rate varies depending on how many hours they work during one week.

Second Circuit Finds Fluctuating Workweek Does Not Require ...

https://www.mondaq.com/unitedstates/employee-benefits-compensation/957240/second-circuit-finds-fluctuating-workweek-does-not-require-much-fluctuation

Jun 20, 2020 · It also held that permitting employees to take PTO in another week if they had to work on a holiday or scheduled day off does not invalidate the FWW pay method. Further, the Second Circuit found that a few instances of employees receiving less than their full guaranteed salary were insufficient to show that the base weekly salary was not truly fixed or guaranteed.

Should Employers Use the Fluctuating Workweek Method?

https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/fluctuating-workweek-method-of-calculating-overtime-pay.aspx

First, the employees' hours actually have to fluctuate on a week-to-week basis, and employees must receive the fixed salary even when they work less than their regularly scheduled hours. Second,...

Paying a Fixed Salary for a Fluctuating Workweek - Or, How ...

https://www.wagehourinsights.com/2016/05/paying-a-fixed-salary-for-a-fluctuating-workweek-or-how-to-pay-half-time-overtime/

May 19, 2016 · If you want to pay employees a fixed salary for working a fluctuating workweek, the salary actually has to be fixed. You know how, with exempt employees, you can dock their salary if they are absent after they’ve exhausted vacation or sick leave? Not allowed for non-exempt employees paid on a fluctuating workweek basis.