Many employees have actually work schedules that vary from week to week. As a result, the total variety of hours one employee functions may rise or decrease indigenous one week to the next. This type of schedule is called a “fluctuating workweek.”

The FLSA needs that labor pay many employees in the United claims at least the federal minimum wage because that each hour castle work. It also requires that they obtain overtime pay at a price of at the very least time and one-half their regular rate for each hour they job-related over 40 in a workweek. Part employees room paid hourly, while other employees are paid on a various basis, such as salary, commission, or item rate. An employee’s constant rate is calculation by dividing the employee’s complete pay (except for certain statutory exclusions) in any workweek by the total variety of hours actually worked in the week. Reality Sheet #56A provides added information around determining the constant rate.

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## Fluctuating Workweek Method

Many employers merely pay one hourly rate and overtime at time and also one-half that hourly rate for every hour over 40. But there are likewise other allowable ways to compensate nonexempt employees and also to calculation the overtime pay they space owed. Under the fluctuating workweek method, i beg your pardon is explained at 29 CFR 778.114, nonexempt employees get a collection weekly value no matter how numerous hours lock work, plus additional overtime pay as soon as they work an ext than 40 hrs in one workweek. In various other words, the employee’s weekly value does not adjust whether the employee works 30 hours, 40 hours, or more. In weeks when the employee works an ext than 40 hours, the employee receives extr overtime pay for each hour of work over 40.

Under the fluctuating workweek method, overtime salary is based on the typical hourly rate created by separating the employee’s addressed salary and any non-excludable added pay (e.g., commissions, bonuses, or danger pay) by the variety of hours actually operated in a details workweek. The median hourly rate will adjust from week come week depending upon how numerous hours the employee in reality worked. The employee climate receives at least secondary 0.5 time (or extr “half time”) that rate for every hour worked beyond 40 in the workweek.

One condition for making use of this technique is the the employer and also employee agree the the set salary is compensation (apart native overtime premiums and also any additional non-excludable pay) for every one of their hours operated each workweek, whether they work couple of or many hours. To usage the fluctuating workweek method, employees’ hrs actually must adjust on a week-to-week basis, and employees should receive the agreed-upon resolved salary even when lock work much less than their frequently scheduled hours.

Note: The fluctuating workweek method cannot be provided if the employee’s value is construed to be compensation for a specific, fixed variety of hours every workweek. Because that example, the fluctuating workweek an approach would not use to employee of public agencies engaged in law enforcement or fire protection

activities who get a salary together compensation for working specific, fixed hours within a work period (up come 28 days) under section 207(k) the the FLSA. (For this employees, the basic principles the calculating the continual rate that apply to a “workweek” likewise apply in the same means to a “work period.” watch 29 CFR 553.233; WHD Opinion Letter FLSA 1216, 1986 WL 1171126 (Nov. 19, 1986).)

## “Bonus Rule”/Final Rule

Effective respectable 7, 2020, the Fluctuating Workweek/“Bonus Rule” Final dominance clarifies that employers have the right to pay bonuses or various other incentive-based pay, such together commissions or risk pay, over and past workers’ fixed salaries once they room paid making use of the fluctuating workweek method. It additionally states that such payments must be contained when calculating the continual rate unless they room excludable because that some other reason described in the law. See ar 207(e)(1) - (8) that the FLSA because that information around payments that deserve to be excluded native the constant rate.

When an employee receives non-excludable impetus pay such as commissions or danger pay, it is added to the weekly value to identify the full straight-time pay because that the week. To calculate the median hourly rate, division the full straight-time salary (salary add to non-excludable catalyst pay) through the variety of hours the employee actually worked that week. The employee climate receives an additional 0.5 times (or added “half time”) the that price for every hour worked beyond 40 in the workweek.

In the instances below, one employee works hours that readjust from week to week and also is payment a fixed weekly value of \$600.00. The employee understands this solved weekly salary will not adjust if hours of work increase or decrease.

## Examples: addressed Salary for Fluctuating hours With and Without a production Bonus

### Workweek 1:

Employee’s salary \$600

No Bonus + \$ 0

Total Straight-Time pay \$600

Hours worked 48

In workweek 1, the employee has actually earned the resolved weekly salary of \$600 v no bonus pay. The employee worked 48 hours, and also is early out the weekly salary plus extr overtime pay in ~ 0.5 time the median hourly rate, or “half-time,” for the 8 overtime hrs worked. To recognize the overtime due and also total compensation fan the employee, complete the complying with steps:

Determine the employee’s typical hourly rate. Division the salary, \$600, by the number of hours worked, 48 hours. The an outcome is the average hourly or consistent rate of \$12.50. <\$600 ÷ 48 = \$12.50>Next, multiply the typical hourly rate, \$12.50, by .5 to identify the half-time rate. In this case, the half-time rate is \$6.25. <\$12.50 x .5 = \$6.25>Multiply the half-time price of \$6.25 by the number of overtime hours worked, 8, to determine the total amount the overtime due, \$50.00. <\$6.25 x 8 = \$50>

As a result, in workweek 1, the employee is early the \$600 salary plus \$50 in overtime salary for total compensation in the amount of \$650. <\$600 + \$50 = \$650>

### Workweek 2:

Employee’s salary \$600

Production Bonus + \$100

Total Straight-Time salary \$700

Hours worked 45

In workweek 2, the employee has actually earned the solved weekly salary of \$600 plus secondary production bonus. The employee operated 45 hours, and is early the weekly salary and the bonus plus extr overtime pay at 0.5 times the mean hourly rate, or “half-time,” because that the 5 overtime hours worked. To identify the overtime due and total compensation fan the employee, follow the steps below:

Determine the total straight-time pay for the week. Include the fixed salary, \$600, and also the production bonus, \$100, because that a full of \$700. <\$600 + \$100 = \$700>Determine the employee’s median hourly rate. Division the total straight-time pay, \$700, by the variety of hours worked, 45 hours. The an outcome is the typical hourly or continual rate the \$15.56.

<\$700 ÷ 45 = \$15.56>

Next, multiply the mean hourly rate, \$15.56, through 0.5 to recognize the half-time rate. In this case, the half-time rate is \$7.78. <\$15.56 x .5 = \$7.78>Multiply the half-time price of \$7.78 by the number of overtime hrs worked, 5, to identify the complete amount of overtime due, \$38.90. <\$7.78 x 5 = \$38.90>

As a result, in workweek 2, the employee is due the \$600 salary and also \$100 production bonus to add \$38.90 in overtime salary for complete compensation in the amount of \$738.90. <\$600 + \$100 + \$38.90 = \$738.90>

## Deductions native the resolved Salary

The fluctuating workweek method can be offered only if the value does not readjust even when the number of hours operated increases or decreases. However, employers may take sometimes deductions native the employee’s salary for disciplinary reasons such together willful absences or tardiness or for infractions of major work rules, as long as the deductions execute not hurt the minimum fairy or overtime pay needs of the FLSA.

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## Where to Obtain extr Information

When state regulation differs indigenous the federal FLSA, one employer have to comply with the standard most protective to employees. Web links to her state job department deserve to be discovered at www.keolistravelservices.com/agencies/whd/state/contacts.