{"id":2686,"date":"2010-02-28T17:47:48","date_gmt":"2010-02-28T22:47:48","guid":{"rendered":"https:\/\/old.visionpayroll.com\/kb\/?p=2686"},"modified":"2010-02-28T17:47:48","modified_gmt":"2010-02-28T22:47:48","slug":"us-department-of-labor-issues-and-withdraws-opinion-letter-on-overtime-pay-for-employees-with-fluctuating-workweeks","status":"publish","type":"post","link":"https:\/\/old.visionpayroll.com\/kb\/2010\/02\/us-department-of-labor-issues-and-withdraws-opinion-letter-on-overtime-pay-for-employees-with-fluctuating-workweeks\/","title":{"rendered":"US Department of Labor Issues and Withdraws Opinion Letter on Overtime Pay for Employees with Fluctuating Workweeks"},"content":{"rendered":"

The US Department of Labor (DOL)<\/a> recently issued Administrator signed Opinion Letter FLSA2009-24<\/a>. Although Opinion Letters only apply to the exact set of facts and circumstances presented in each case, they are a valuable aid in understanding current interpretations of the Fair Labor Standards Act (FLSA). Because the letter was apparently never mailed after it was signed, the DOL<\/a> under new Secretary Hilda L. Solis has decided to withdraw the letter for further consideration. Therefore, this letter may not be relied upon as a statement of agency policy. It is possible that a different conclusion may be reached when the Opinion Letter is reissued.<\/p>\n

In this Opinion Letter, the DOL<\/a> had opined that a proposed pay system complied with the fluctuating-workweek method of payment. Under the proposed method, the employer would calculate the regular rate of pay by dividing a non-exempt employee\u2019s fixed salary by 40 hours, regardless of the number of hours actually worked in that week, and using that rate to determine any overtime premium or double-time premium to be paid.<\/p>\n

State laws may provide rules that are more beneficial to the employee and must be followed. The DOL<\/a> may come to a different conclusion when it reissues the Opinion Letter after further consideration. Contact Vision Payroll<\/a> if you have questions about this Opinion Letter.<\/p>\n","protected":false},"excerpt":{"rendered":"

The US Department of Labor (DOL) recently issued Administrator signed Opinion Letter FLSA2009-24. Although Opinion Letters only apply to the exact set of facts and circumstances presented in each case, they are a valuable aid in understanding current interpretations of the Fair Labor Standards Act (FLSA). Because the letter was apparently never mailed after it […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[4],"tags":[154,82,1180,156,151,45,89],"_links":{"self":[{"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/posts\/2686"}],"collection":[{"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/comments?post=2686"}],"version-history":[{"count":4,"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/posts\/2686\/revisions"}],"predecessor-version":[{"id":2699,"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/posts\/2686\/revisions\/2699"}],"wp:attachment":[{"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/media?parent=2686"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/categories?post=2686"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/tags?post=2686"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}