FLUCTUATING WORK WEEK
A Closer Look at the Fluctuating Workweek Calculation
The fluctuating workweek is a federal overtime method for salaried non exempt employees whose hours change week to week. Below is a single week explorer that shows how the regular rate, overtime premium, and total pay move as weekly hours rise.
ADDITIONAL DAMAGES EXAMPLE
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METHOD OVERVIEW
How the Fluctuating Work Week Works
The employee receives a fixed weekly salary that covers every straight time hour worked that week. Each week the regular rate is recalculated by dividing the salary by total hours worked. For hours over forty, the employee earns an overtime premium equal to one half of that weekly regular rate.
Timing
You need a clear picture of the available data and your overall plan for damages before taking the deposition. Go in too early and you lose the chance to ask about roadblocks or smoking guns that only surface during the damage analysis. Wait too long and there is no room to follow up if the testimony raises new issues.
Focus
Eight hours sounds like a lot of time but it goes fast. Identify beforehand which datasets matter most for your damages and exhibits and front load those. In a perfect world you would get testimony about every line of discovery, but it is important to prioritize the data that will actually show up in your case.
Impeach
Use the deposition to dismantle weak arguments and shut down unnecessary rabbit holes before they ever make it to trial. If the other side is going to raise a bad argument about the data, this is your chance to take it apart on the record while you still have time to respond.
Outline
Know what you need pinned down before walking in. Identify the specific facts, admissions, and data points that your damages depend on and build your questioning around locking those in on the record.
SINGLE WEEK EXPLORER
Run the Numbers on One Week
Adjust the three inputs below to see how the regular rate and overtime premium shift as weekly hours change. The chart plots total weekly pay across a full range of schedules, with a minimum wage floor for context.
Weekly salary Fixed weekly pay excluding any overtime premiums | |
Total weekly hours Used to calculate weekly pay for selected hours | |
Applicable minimum wage Used to test whether the regular rate remains compliant |
| Hourly rate | $20.00 |
| Overtime rate | $10.00 |
| Regular pay | $1,000.00 |
| Premium pay | $100.00 |
| Total pay | $1,100.00 |