Alex What is a fluctuating schedule?
An employee who works a fluctuating workweek has a different amount of work hours from week to week. Employees who work fluctuating workweeks earn a fixed salary, regardless of how many hours they work per week. For example, the employee would earn the same weekly salary whether they worked 35 or 40 hours.
What is meant by fluctuating capacity?
Fluctuating capacity is when a person’s ability to make a specific decision changes frequently or occasionally. In some cases, the worsening of a mental illness or relapse in a person’s mental health could result in them experiencing fluctuations in mental capacity.
How does the fluctuating workweek method work for overtime?
The fluctuating workweek method of calculating overtime pay can be a great tool for employers, but it doesn’t work for all jobs or in all states. Under this method, employees who are entitled to overtime pay receive a fixed weekly salary, which is divided by the actual number…
What happens to your salary when you work a fluctuating workweek?
An employee who works a fluctuating workweek has a different amount of work hours from week to week. Some employees who work fluctuating workweeks earn a fixed salary, regardless of how many hours they work per week. For example, the employee would earn the same weekly salary whether they worked 35 or 40 hours.
Do you get paid when your hours fluctuate?
First, the employees’ hours actually have to fluctuate on a week-to-week basis, and employees must receive the fixed salary even when they work less than their regularly scheduled hours. Second, there must be a clear mutual understanding between the business and employees about how workers are paid.
Is the fluctuating workweek method legal in California?
Melissa Siebert, an attorney with BakerHostetler in Chicago, noted that some states prohibit employers from using this method altogether. Currently, Alaska, California, New Mexico and Pennsylvania do not permit its use.
An employee who works a fluctuating workweek has a different amount of work hours from week to week. Some employees who work fluctuating workweeks earn a fixed salary, regardless of how many hours they work per week. For example, the employee would earn the same weekly salary whether they worked 35 or 40 hours.
The fluctuating workweek method of calculating overtime pay can be a great tool for employers, but it doesn’t work for all jobs or in all states. Under this method, employees who are entitled to overtime pay receive a fixed weekly salary, which is divided by the actual number…
When is the final rule on fluctuating workweek?
Final Rule: Fluctuating Workweek Method of Computing Overtime On May 20, 2020, the U.S. Department of Labor announced a final rule that allows employers to pay bonuses or other incentive-based pay to salaried, nonexempt employees whose hours vary from week to week.
First, the employees’ hours actually have to fluctuate on a week-to-week basis, and employees must receive the fixed salary even when they work less than their regularly scheduled hours. Second, there must be a clear mutual understanding between the business and employees about how workers are paid.