FinanceRegs.com » FSLA http://www.financeregs.com Breaking news & updates for Finance and Accounting pros Wed, 14 Apr 2010 20:11:23 +0000 en hourly 1 http://wordpress.org/?v=abc Fluctuating workweek: When you can’t use it for OT http://www.financeregs.com/fluctuating-workweek-when-you-cant-use-it-for-ot/ http://www.financeregs.com/fluctuating-workweek-when-you-cant-use-it-for-ot/#comments Mon, 25 Aug 2008 10:00:49 +0000 Carol Katarsky http://www.financeregs.com/?p=156 Be careful: You can’t use the “fluctuating workweek” method to calculate overtime pay for certain employees.

The fluctuating workweek method can’t be used to pay any employees who were misclassified as exempt from OT. That’s due to a ruling from a U.S. District Crt. in Texas.

The court ruled that the fluctuating workweek method was adopted for specific situations and doesn’t apply to workers who were wrongly treated as exempt from OT.

Under the FLSA, damages for nonexempt workers who were classified as exempt are assessed at twice the unpaid overtime compensation.

Cite: In re: Texas EZ Pawn FLSA Litigation,

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