What is a Fluctuating Workweek?
Non-exempt employees in Florida and throughout the country who work more than 40 hours in a workweek must be paid overtime wages at a rate of 1.5 times their regular rate of pay under the federal Fair Labor Standards Act (FLSA). As an hourly wage employee, what this means is that for any hour worked beyond 40 hours in a given workweek, the employee must be paid wages of 1.5 times their regular hourly wage. For example, if an employee earns $20 per hour and works 45 hours in a workweek, those five hours worked beyond the 40 hour workweek must be paid at a rate of 1.5 times the regular rate of pay, or $30 per hour ($20 x 1.5). Accordingly, the employee would earn $150 in overtime pay for those five overtime hours worked that week.
Overtime pay is relatively straightforward to calculate for employees with a traditional work schedule who work a 40-hour workweek. However, there are employees in various fields and industries who may still be owed overtime based on the hours they work over an extended period of time even if they do not have a traditional 40-hour workweek. If you have a nontraditional work schedule that may be understood as a “fluctuating workweek,” it is critical to determine if you are owed overtime wages that your employer has not paid you. Consider the following information from our Palm Beach Gardens wage theft lawyers.
What is a Fluctuating Workweek?
What constitutes a fluctuating workweek? As the US Department of Labor (DOL) explains, “many employees have work schedules that vary from week to week,” which means that “the total number of hours an employee works may increase or decrease from one week to the next.” When an employee has this type of work schedule, they are known as having a “fluctuating workweek.”
Employees with fluctuating workweeks are still required to be paid overtime when appropriate, which means that their employers must calculate their pay based on a fluctuating workweek method. If you have a fluctuating workweek and have never been paid overtime but believe you have worked overtime hours, it is essential to understand how the fluctuating workweek method works.
Calculating Pay through the Fluctuating Workweek Method
When an employee has a fluctuating workweek, they are typically paid a fixed amount for each week regardless of the number of hours worked. Then, to determine whether an employee with a fluctuating workweek is owed overtime pay, the employer must determine the employee’s average hourly rate.
Contact Our Palm Beach Gardens Wage and Hour Attorneys Today for Assistance
If you are a non-exempt employee and you believe you are due overtime pay, it is essential to seek legal advice as soon as possible. Whether you have been denied overtime pay based on an erroneous calculation related to a fluctuating workweek schedule or any other issue, one of the experienced Palm Beach Gardens wage and hour law attorneys at Sconzo Law Office can help you. We routinely represent employees in wage theft claims, including wage and hour issues related to overtime pay, and we can begin working with you on your claim today. Contact our firm to learn more about how we can assist you in obtaining the overtime pay you are owed.
Source:
dol.gov/agencies/whd/fact-sheets/82-bonus-rule
