Are Employees with Fluctuating Workweeks Owed Overtime?
Under the federal Fair Labor Standards Act (FLSA), employees in Florida who are non-exempt are entitled to overtime pay when they work more than 40 hours in a workweek. The FLSA provides detailed information about determining whether an employee is exempt or non-exempt, and in general, non-exempt employees are paid an hourly wage or may be salaried below a threshold amount. There are also other factors to consider. If you are a non-exempt employee and you work more than 40 hours in a given workweek, you must be paid at the rate of 1.5 times your regular rate for any hours worked over 40.
This calculation of overtime wages should usually be quite straightforward, especially for employees who regularly work on a nine-to-five schedule or similar, or a schedule in which they always work 40 hours per week. But how can you know if you are entitled to overtime wages if you have a fluctuating workweek schedule? Our Palm Beach Gardens wage theft lawyers can explain in more detail.
What is a Fluctuating Workweek Schedule?
According to the US Department of Labor (DOL), employees at various types of jobs have schedules that are inconsistent from week to week. Rather than routinely working a job that begins at 9:00 a.m. and ends at 5:00 p.m., for example, an employee may have a work schedule that varies from one week to the next.
When this type of schedule results in an employee’s total weekly hours “increasing or decreasing from one week to the next,” the employee has a schedule that is known as a “fluctuating workweek” schedule. With this type of schedule, an employee is generally paid a weekly salary regardless of the number of hours they work per week. Fluctuating workweek schedules can exist in various industries, from retail to construction work.
Determining Overtime If You Have a Fluctuating Workweek Schedule
How can you determine if you are owed overtime pay when you have a fluctuating workweek schedule? According to the DOL, overtime pay is “based on the average hourly rate produced by dividing the employee’s fixed salary and any non-excludable salary (e.g., commissions, bonuses, or hazard pay) by the number of hours actually worked in a specific workweek.”
If you believe you may be owed overtime, it is important to work through your specific calculation with an attorney who can then help you with a wage theft claim if necessary.
Contact a Palm Beach Gardens Wage and Hour Law Attorney
Even if you do not have a traditional work schedule in which you work the same number of hours each week in any given month, you may still have a right to overtime pay based on your status as a non-exempt employee and the amount of time you have worked. If you believe you are owed overtime wages that were not paid, you could be eligible to file a wage theft claim with assistance from an attorney in South Florida. An experienced Palm Beach Gardens wage and hour lawyer at Sconzo Law Office can speak with you today to learn more about your situation and to advise you about the next steps for seeking the wages you are owed. Contact us today to learn more about how we can assist you.
Source:
dol.gov/agencies/whd/fact-sheets/82-bonus-rule
