News and Information

USDOL Wage and Hour Division Issues Opinion Letter on Fluctuating Workweek Method

The U.S. Department of Labor (USDOL) Wage and Hour Division (WHD) issued new opinion letters on a number of Fair Labor Standards Act (FLSA) compliance Issues, including:

• FLSA2020-14 which addresses the fluctuating workweek method of calculating overtime pay. An employee’s hours do not have to fluctuate above and below 40 hours per workweek, but only need to fluctuate from week to week, for an employer to be able to use the fluctuating workweek method of calculating overtime pay, assuming that all other conditions for using this method are satisfied.

Additional details on this and other previously issued opinion letters are available here. Opinion letters provide employers and employees with the USDOL’s official written opinion of how a particular WHD law applies to a specific set of facts presented by the requesting entity. For more information on opinion letters or to submit a request for an opinion letter, go to the WHD website.