Rachel Felton, Attorney at Law

Rachel D. Felton


Posted on December 11, 2019

The Pennsylvania Supreme Court recently ruled that the fluctuating workweek method of calculating overtime pay violates the Pennsylvania Minimum Wage Act (PMWA).

While the use of the fluctuating workweek is permitted under the federal Fair Labor Standards Act (FLSA), several federal courts and the Pennsylvania Superior Court previously ruled that the fluctuating workweek method nevertheless violates the PMWA. The Pennsylvania Supreme Court’s ruling confirms that employers in Pennsylvania should not use the fluctuating workweek method to calculate overtime pay. If you have any questions regarding your company’s compliance with federal or state overtime laws, please contact one of our employment attorneys.

This post was written by Rachel Felton

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