Memo #: 17-214
Date:       10/6/2017
Ruling by Fifth Circuit in Hills v. Entergy Operations Sheds Light on “Fluctuating Workweek” Method for Calculating Overtime Pay

Under certain circumstances, the Fair Labor Standards Act and the Labor Department’s implementing regulations allow employers to pay nonexempt employees with constantly changing weekly schedules a set weekly salary, as long as the employee agrees to the arrangement. The so-called fluctuating workweek method of pay also allows for a special overtime rate. This case provides a good example of how the fluctuating workweek method works in practice.
Topic Area:
Fair Labor Standards Act
Recordkeeping/Reporting/Posting Requirements









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