Question: Under the fluctuating work week method, if an employee works 42 hours during a workweek and takes three hours of vacation time, is the regular rate of pay computed using 45 hours or 42 hours?
Answer: The regular rate of pay would be computed using 42 hours, as vacation time is not a relevant factor for computing the regular rate of pay.
Under the fluctuating work week method, an employee is paid a fixed salary as regular pay for all hours worked whether few or many. The regular rate of pay is determined by dividing the weekly salary by the number of hours worked during the week. In addition to the fixed salary, the employee is then paid at a rate of one half the computed regular rate of pay for all overtime hours worked during the workweek.
There are some restrictions placed on the adoption of this method including a requirement to clearly communicate to the employee that the fluctuating workweek method will be used, that the fixed salary is intended to be the regular pay for all hours worked during the workweek, that the number of hours actually fluctuates from week to week, and that the salary is sufficient to pay at least minimum wage for all hours worked during a workweek.
Vacation is not a relevant factor for computing compensation under the fluctuating work week method except as a bookkeeping entry for cost allocation purposes. This is because the amount the amount of salary the employee will receive will be the same...
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