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ARTICLE · 01 MAY 2020

Fluctuating Workweek + Incentive Pay = No Problem—DOL Sends Final Rule To White House

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The U.S. Department of Labor's Wage & Hour Division has entered the final phase of issuing a new rule concerning the fluctuating workweek (FWW) method of compensation under the FLSA.

United StatesEmployment and HR
Zheyao Li
Zheyao Li
Kevin Young
Kevin Young
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Seyfarth Synopsis

: The U.S. Department of Labor's Wage & Hour Division has entered the final phase of issuing a new rule concerning the fluctuating workweek (FWW) method of compensation under the FLSA. The new rule represents the culmination of a regulatory seesaw that began with a Bush Administration proposal in 2008 that was abandoned by the Obama Administration in 2011. It was revived as a proposed rule in 2019 and is now on the precipice of finality.

On April 14, 2019, the White House's Office of Information and Regulatory Affairs received the DOL's new final rule regarding the fluctuating workweek method of calculating overtime pay. This is expected to be the last step before publication of the new rule.

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