Insight

Fluctuating Workweek and Overtime Pay

Fluctuating Workweek and Overtime Pay

Rhiannon Herbert

Rhiannon Herbert

January 24, 2023 07:35 PM

What is a fluctuating workweek, and how does it affect overtime pay?

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

[1] See 29 C.F.R. 778.114

Related Articles

Major Change to FLSA Procedure


by Greg Mansell

The Sixth Circuit will determine if a major procedural change is warranted for employees seeking unpaid wages.

Procedural Changes for Unpaid Employees

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

Trending Articles

Introducing the 2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore


by Jennifer Verta

This year’s awards reflect the strength of the Best Lawyers network and its role in elevating legal talent worldwide.

2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore

Revealing the 2026 Best Lawyers Awards in Germany, France, Switzerland and Austria


by Jamilla Tabbara

These honors underscore the reach of the Best Lawyers network and its focus on top legal talent.

map of Germany, France, Switzerland and Austria

Effective Communication: A Conversation with Jefferson Fisher


by Jamilla Tabbara

The power of effective communication beyond the law.

 Image of Jefferson Fisher and Phillip Greer engaged in a conversation about effective communication

The 2025 Legal Outlook Survey Results Are In


by Jennifer Verta

Discover what Best Lawyers honorees see ahead for the legal industry.

Person standing at a crossroads with multiple intersecting paths and a signpost.

The Best Lawyers Network: Global Recognition with Long-term Value


by Jamilla Tabbara

Learn how Best Lawyers' peer-review process helps recognized lawyers attract more clients and referral opportunities.

Lawyers networking

Jefferson Fisher: The Secrets to Influential Legal Marketing


by Jennifer Verta

How lawyers can apply Jefferson Fisher’s communication and marketing strategies to build trust, attract clients and grow their practice.

Portrait of Jefferson Fisher a legal marketing expert

Is Your Law Firm’s Website Driving Clients Away?


by Jamilla Tabbara

Identify key website issues that may be affecting client engagement and retention.

Phone displaying 'This site cannot be reached' message

A Guide to Workers' Compensation Law for 2025 and Beyond


by Bryan Driscoll

A woman with a laptop screen reflected in her glasses

Best Lawyers Launches CMO Advisory Board


by Jamilla Tabbara

Strategic counsel from legal marketing’s most experienced voices.

Group photo of Best Lawyers CMO Advisory Board members

Common Law Firm Landing Page Problems to Address


by Jamilla Tabbara

Identify key issues on law firm landing pages to improve client engagement and conversion.

Laptop showing law firm landing page analytics

Changes in California Employment Law for 2025


by Laurie Villanueva

What employers need to know to ensure compliance in the coming year and beyond

A pair of hands holding a checklist featuring a generic profile picture and the state of California

New Employment Law Recognizes Extraordinary Stress Is Everyday Reality for NY Lawyers


by Bryan Driscoll

A stressed woman has her head resting on her hands above a laptop

Turn Visitors into Clients with Law Firm Website SEO That Converts


by Jamilla Tabbara

Learn how to create high-converting law firm landing pages that drive client engagement and lead generation.

Laptop screen displaying website tools to improve client conversion rates

Best Lawyers Introduces Smithy AI


by Jamilla Tabbara

Transforming legal content creation for attorneys and firms.

Start using Smithy AI, a content tool by Best Lawyers

SEO for Law Firms: Overcoming Common Challenges


by Jamilla Tabbara

Tackle common SEO challenges and take the next step with our guide, How to Make Your Law Firm Easier to Find Online.

Graphic image of a phone displaying SEO rankings, with positions 1, 2 and 3 on the screen

Medical Malpractice Reform Trends in Texas, Utah, Georgia and SC


by Bryan Driscoll

A fresh wave of medical malpractice reform is reshaping the law.

Medical Malpractice Reform Trends hed