Now, the DOL is trying to eliminate this confusion by expressly allowing employers to use the weekly working time rotation method for non-exempt salaried workers, who also receive additional bonuses, bonuses and incentives, as long as the additional wage is duly taken into account in the worker`s normal wage for the calculation of overtime. The definitions of “fixed amount” and “amount of wages” in the regulations gave rise to differences of opinion as to whether an additional allowance would prevent an employer from using this method of overtime pay. The worker has already been compensated at the even (changing) rate for more than 40 hours worked. What is therefore due to him is an additional half of the normal rate for each hour of overtime. The court quickly rejected this argument and found that each plaintiff had signed a document acknowledging that Plastipak would use the fluctuating work week method. And in fact, this paper described the specific formula that Plastipak would use to calculate overtime bonuses and provided numerical examples. In addition, the claimants had worked for years without any claims under the agreement. .
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