DOL Opinion Letter #4, FLSA

On August 31, the DOL published four new opinion letters that provide compliance assistance related to the Fair Labor Standards Act (FLSA).

The fourth opinion letter addresses whether employees’ hours must fluctuate above and below 40 hours per week to qualify for the fluctuating workweek method of calculating overtime pay:

Opinion

An employee’s work hours do not have to fluctuate above and below 40 per workweek for an employer to be able to use the fluctuating workweek method of calculating overtime pay.The plain language of the regulation makes clear that there is no requirement that an employee’s hours vary both above and below 40 per week to come within the rule; it requires only that the employee’s hours fluctuate from week to week.

For more information or further guidance, please contact SimcoHR.