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#2240668 - 08/05/20 03:50 PM Fluctuating Work Week
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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?

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#2240673 - 08/05/20 03:57 PM Re: Fluctuating Work Week HR Banker
rlcarey Offline
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Are you paying them an agreed upon salary each week regardless of the number of hours worked?
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#2240682 - 08/05/20 04:41 PM Re: Fluctuating Work Week rlcarey
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Yes. The salary amount is the same for any number of hours up to 40.

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#2240685 - 08/05/20 05:12 PM Re: Fluctuating Work Week HR Banker
rlcarey Offline
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Galveston, TX
Then it sounds like you might be eligible. https://www.dol.gov/agencies/whd/fact-sheets/82-bonus-rule
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#2240687 - 08/05/20 05:17 PM Re: Fluctuating Work Week rlcarey
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Even though eligible, we can choose not to use this method, correct? We have very little OT .

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#2240689 - 08/05/20 05:20 PM Re: Fluctuating Work Week HR Banker
rlcarey Offline
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Galveston, TX
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.
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#2240692 - 08/05/20 05:26 PM Re: Fluctuating Work Week rlcarey
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Those were my thoughts as well. Thanks for verifying!!

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