Federal Overtime Requirements – Who may take advantage of the Fluctuating Workweek Method of Calculating Overtime?

With some exceptions, both hourly and non-exempt salaried employees are entitled to overtime pay at a rate of one and one-half the regular rate of pay for all hours actually worked over 40 in any given workweek.  In some instances, the “fluctuating workweek” method of calculating overtime may be applied to reduce the employer’s overtime pay obligation to one-half the regular rate of pay for overtime hours worked in excess of 40.  

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