By Jeffrey Cadle ( August 13, 2018, 1:07 PM EDT) -- The fluctuating workweek, or FWW, method is a way for employers to calculate overtime pay for salaried employees who are eligible for overtime pay, but whose working hours fluctuate each week. One of the risks of using the FWW method is that it may not comply with certain state wage and hour laws. In Pennsylvania, for example, several U.S. district courts[1] have previously ruled that the FWW method violates the overtime requirements of the Pennsylvania Minimum Wage Act, or PMWA, and its implementing regulations. On Dec. 22, 2017, the Superior Court of Pennsylvania issued the first state appellate decision on this issue, holding that a key component of the FWW method violates the PMWA and associated regulations.[2] On July 16, 2018, in Chevalier et al. v. General Nutrition Centers, the Pennsylvania Supreme Court granted the defendant employer allowance to appeal from that decision.[3]...
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