Fluctuating Workweek
Employees who work more than 40 hours are often paid at the rate of 1.5x their normal hourly rate for overtime. Instead of using the “time and a half” method, General Nutrition Centers (“GNC”) used the fluctuating workweek (“FWW”) method which was developed under the federal Fair Labor Standards Act. It permits an employer to calculate an employee’s overtime pay by dividing the employee's total weekly pay by the number hours she actually worked during [...]