0
The fluctuating workweek is a method of calculating overtime when the number of hours you work fluctuates week-to-week. Does your work schedule vary from week to week? If so, your employer may be paying you on a “fluctuating workweek” basis. Your Ohio Unpaid Overtime attorneys explain everything you need to know to ensure you are being paid overtime at the correct rate.
Under the Fair Labor Standards Act (FLSA), employers generally must pay their hourly-paid employees overtime, at a rate of one-and-one-half times the employee’s regular hourly rate, for all hours worked over 40 in a workweek.
Many employees are paid by the hour, so an overtime calculation is simple – the employee’s hourly rate is multiplied by one-and-one-half to calculation the overtime rate. However, some employees are paid on different bases, such as salary, commission, or piece-rate, and work a varying number of hours each week. Under the fluctuating workweek method,[1] a non-exempt employee will receive a set weekly salary regardless of how many hours he or she works, plus an additional amount as overtime pay for all hours worked over 40 per workweek. For all overtime hours, the employee receives an additional “half time” hourly rate.
For example, if an employee receives a weekly salary of $800 per week, they will receive this amount regardless of whether they work 20 hours or 40 hours per week. If, however, the employee works 50 hours per week, they will receive their $800 weekly salary plus overtime pay for 10 hours of overtime. The employee’s regular rate of pay in this example is $16 per hour ($800 weekly salary divided by 50 hours worked). Thus, in addition to their $800 per week salary, the employee receives an additional $80 as overtime pay (half-time rate of $8.00 per hour x 10 overtime hours).
If you believe that you are not being paid overtime correctly or have other questions related to you wages or employment, reach out to your Columbus Unpaid Overtime Lawyers today for a free consultation.
Mansell Law LLC
Columbus Employment Attorneys
What else can I help you with?
What are the Maryland overtime laws for salaried employees?
In Maryland, salaried employees are generally entitled to overtime pay if they work more than 40 hours in a workweek, unless they are exempt under certain categories such as executive, administrative, or professional roles. The overtime rate is 1.5 times the regular rate of pay for each hour worked over 40 hours in a workweek.
Is it legal to work overtime without pay?
No, it is not legal to work overtime without pay in most circumstances. Employees must be compensated for any hours worked beyond the standard workweek according to federal and state labor laws.
Can an employer in MN force overtime?
Yes, an employer in Minnesota can require employees to work overtime, as long as the employees are properly compensated for the additional hours worked. Minnesota law does not prohibit mandatory overtime, but employers must comply with federal and state labor regulations, including paying overtime at a rate of 1.5 times the regular pay for hours worked over 40 in a workweek. However, employees must be aware of any specific terms outlined in their employment contracts or union agreements that may affect overtime policies.
Are Employees in New York Entitled to Overtime Pay?
Yes, most employees in New York are entitled to overtime pay when they work more than 40 hours in a workweek. The overtime rate is typically 1.5 times the employee's regular rate of pay. However, certain employees, such as those in executive, administrative, and professional roles, may be exempt from overtime requirements if they meet specific criteria. If you not getting overtime pay so you may contact with Tremiti LLC (212) 859-5059 team of skilled and knowledgeable New York employment attorney.
How is overtime calculated for bi-monthly payroll?
Overtime for bi-monthly payroll is typically calculated based on the number of hours worked beyond the standard 40 hours in a workweek. Employers generally track hours worked for each pay period, and any hours exceeding 40 in a week are considered overtime. Overtime pay is usually calculated at 1.5 times the employee's regular hourly rate. For bi-monthly payroll, the total hours for the pay period are summed, and overtime is applied accordingly based on the weekly breakdown.
What one of these is the best description of straight time pay?
Straight time pay refers to the standard rate of pay for regular hours worked, typically without any overtime or premium pay included. It is usually the base pay rate agreed upon between the employer and employee for a standard workweek.
Do employers of convenience stores have to pay time and half for overtime for an hourly employee?
Yes, employers of convenience stores are generally required to pay hourly employees time and a half for overtime, as mandated by the Fair Labor Standards Act (FLSA). Overtime pay applies to employees who work more than 40 hours in a workweek. However, there are some exceptions, so it's important for employers to review specific regulations that may apply to their business or employee classifications.
Are the overtime laws in Texas different than the federal FSLA guidelines?
Yes, overtime laws in Texas are different than the federal Fair Labor Standards Act (FLSA) guidelines. While the FLSA requires employers to pay overtime for hours worked over 40 in a workweek, Texas however does not have any state-specific overtime laws and follows the federal guidelines.
What are the standard overtime RATE of pay?
The standard overtime rate of pay in the United States is typically one and a half times the employee's regular hourly wage for any hours worked over 40 in a workweek, as mandated by the Fair Labor Standards Act (FLSA). Some states and employers may offer more generous overtime policies, but the federal standard remains the baseline. Certain employees, such as those in exempt positions, may not qualify for overtime pay. Always check specific state laws and company policies, as they can vary.
Which is the same as straight time pay?
Straight time pay refers to the regular hourly wage an employee earns for standard working hours, typically without any additional compensation for overtime or extra hours worked. It is calculated by multiplying the hourly rate by the number of hours worked within a standard workweek. Essentially, straight time pay is the base salary before any bonuses, overtime pay, or additional earnings are added.
How is overtime pay often caculated?
Overtime pay is typically calculated by taking the employee's regular hourly wage and multiplying it by 1.5 for each hour worked beyond the standard 40 hours in a workweek. For example, if an employee earns $20 per hour, their overtime rate would be $30 per hour for any overtime hours. Some employers may also have specific policies or agreements that outline how overtime is calculated, including double time for certain holidays or extreme situations. It's important to refer to local labor laws, as regulations can vary.
What are the laws for Texas on overtime and comp time?
In general, for Texas it is illegal to offer comp time to workers rather than paying them overtime. Overtime is governed by federal, not state laws, and can be reviewed at http://en.wikipedia.org/wiki/Overtime.
