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What is a Fluctuating Work Week for Overtime Laws?

If you are paid a set salary no matter how many hours you work in a week, and your number of hours varies from week to week, and you have agreed to this, your employer can use a method called the "fluctuating work week" to calculate your rate of overtime pay.

Under this method, the set salary for the week is divided by the total hours worked in the week (including overtime hours) to arrive at a regular rate of pay.  The employee is then entitled only to the overtime premium- 0.5% of the hourly rate- for the extra hours.  This method assumes the agreed salary covers "straight time" for all hours, and that the only thing owed is the 0.5% premium.

Under this method, an employee making $700 per week and worked 48 hours would be paid "straight time" for all 48 hours at $14.5 per hour, and $7.29 per hour for the additional 8 hours.

This is clearly a more favorable calculation for the employer, and is not appropriate or legal in all circumstances.  If you are being paid overtime under the fluctuating work week method, you should consult an employment lawyer to find out if this is a lawful practice.


Learn more here about calculating overtime pay under Massachusetts and federal law.

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What is a Fluctuating Work Week for Overtime Laws?

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  • Home
  • Estate Planning
    • Massachusetts Wills and Trusts
    • Why You Need an Estate Plan
    • Massachusetts Estate Tax
    • Inheritance Tax
    • How to Make an Estate Plan
  • Employment Law Solutions
    • Employment Law MA
    • Employment Termination
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
    • Equal Pay Act
  • Business Law Solutions
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Stowell Simonton
    • Elijah Bresley
  • Reviews
  • Blog
  • Contact