Seminar ID: 100723

FLSA Fluctuating Workweek Regulatory Guidance

Presented By:
David A. Grant

Attorney
Baker & Hostetler LLP

You will Learn:

  • The current DOL enforcement philosophy
  • The history and underpinnings of the "fluctuating workweek" and the "half­time" method of calculating overtime under the FLSA
  • The regulatory history that culminated in the DOL's current "fluctuating workweek" regulatory guidance and its potential ramifications

The Wage and Hour Division of the U.S. Department of Labor (DOL) is continuing its assertive enforcement of the minimum wage and overtime provisions of the Fair Labor Standards Act ("FLSA"). In regulatory guidance, the DOL has stated that the payment of bonuses, shift differentials, and certain other forms of premium pay are inconsistent with and can preclude an employer from calculating overtime pay on the basis of half-time "fluctuating workweek" methodology. In this ten minute preview segment taken from my live upcoming webinar on March 12, 2014, I will explain the legal and regulatory foundation of the "fluctuating workweek" and why employers need to review and focus on the DOL's regulatory pronouncement.