Wage and Hour Division November 5, 2019 – Federal Register Recent Federal Regulation Documents

Fluctuating Workweek Method of Computing Overtime
Document Number: 2019-23860
Type: Proposed Rule
Date: 2019-11-05
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
This proposed rulemaking would revise the Department of Labor's (Department) regulation for computing overtime compensation for salaried nonexempt employees who work hours that vary each week (fluctuating workweek) under the Fair Labor Standards Act (FLSA or the Act). The proposal will clarify that payments in addition to the fixed salary are compatible with the use of the fluctuating workweek method of compensation, and that such payments must be included in the calculation of the regular rate as appropriate under the Act. The proposal would also add examples and make minor revisions to make the rule easier to understand.
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