Flexible Workweeks and Overtime Pay

The U.S. Department of Labor (“DOL”) is exploring a more flexible fluctuating workweek method for calculating overtime pay. The fluctuating workweek calculation can be utilized for employees whose hours vary from week to week. Eligible employees must meet specific criteria for this method to apply, and some employers find the concept confusing. The DOL proposal seeks to resolve this confusion through a variety of clarifications and changes. Comments on the DOL proposal are due by December 5, 2019.

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