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DOL/WHD RIN: 1235-AA31 Publication ID: Spring 2020 
Title: Fluctuating Workweeks Under the Fair Labor Standards Act 
Abstract:

Part 778.114 of title 29 Code of Federal Regulations provides an alternative method for calculating overtime pay under the Fair Labor Standard Act for employees whose work hours fluctuate from week to week. Currently, this method is not available to employers who compensate their employees with bonuses or other incentive-based pay. The Department proposed to revise these regulations to grant employers greater flexibility to provide additional forms of compensation to employees whose hours vary from week to week.

 
Agency: Department of Labor(DOL)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
CFR Citation: 29 CFR 778.114   
Legal Authority: 29 U.S.C. 201 et seq.   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/05/2019  84 FR 59590   
NPRM Comment Period End  12/05/2019 
Final Rule  06/08/2020  85 FR 34920   
Final Rule Effective  08/07/2020 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Amy DeBisschop
Director of the Division of Regulations, Legislation, and Interpretation
Department of Labor
Wage and Hour Division
200 Constitution Avenue NW, FP Building, Room S-3502,
Washington, DC 20210
Phone:202 693-0406