NELA’s Excellent July 20, 2009 Letter Regarding the Fluctuating Workweek “Fallback”

In this blog, we’ve previously written about the injustice and illogic of allowing companies who misclassify their employees as exempt from overtime to use the fluctuating workweek method of overtime compensation in calculating the amount of unpaid overtime owed to the misclassificed worker Our firm’s lawyers have litigated this issue on behalf overtime clients throughout Pennsylvania. On June 20, 2009, NELA as well as some other organizations issued an excellent letter addressing this issue to DOL’s Wage and Hour Division. Check out the letter if your clients ever are faced with this issue. You can find the letter by going to NELA’s website:

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