I'm getting questions whether we are required to use the fluctuating work week method to calculate overtime. We have very little OT worked by salaried, non-exempt employees and have always paid their time over 40 at a time and a half rate which calculates as more $ than if we used the fluctuating method. Our work week normally only varies by a couple of hours so not sure that qualifies as a fluctuating work week. Any thoughts?

Are you paying them an agreed upon salary each week regardless of the number of hours worked?

Yes. The salary amount is the same for any number of hours up to 40.

Then it sounds like you might be eligible. https://www.dol.gov/agencies/whd/fact-sheets/82-bonus-rule

Even though eligible, we can choose not to use this method, correct? We have very little OT .

Yes - the way I understand it, it might save you a couple of bucks, but the headache of managing it for a few hours here and there is probably not worth the effort.

Those were my thoughts as well. Thanks for verifying!!