The Department of Labor allows a fluctuating work week (FWW) method of payment where employers pay workers less overall for working more overtime. It was meant for cases where a salaried non-exempt worker has varying hours per week, but many companies (especially in IT) use it to pay salaried non-exempt workers whose hours do NOT vary regularly because it allows the company to pay less overall for more work.
We petition the Administration to urge the Department of Labor to review the FWW method and do one of the following:
1) Strike FWW completely from current DOL guidelines.
2) Modify the FWW calculation method to specifically disallow use where hours do not or are not expected to vary whatsoever, such as when a contract specifies 40 hours per week.