FLSA Fluctuating Workweek Calculator
Compute the regular rate, overtime pay, and total weekly compensation under the fluctuating workweek method (29 CFR §778.114, DOL Fact Sheet #82).
Is this the right calculator?
Use it when
- Employee is paid a fixed weekly salary (not hourly)
- Hours genuinely fluctuate week to week, above and below 40
- Written, mutual understanding that the salary covers all hours worked
- Regular rate never falls below federal or state minimum wage
If the employee is paid hourly (not a fixed salary), use the standard 1.5× overtime method instead. Standard FLSA Overtime Calculator
Calculator
Fixed weekly salary + 0.5× overtime premium for hours over 40 (29 CFR §778.114).
Total pay this week
$950.00
Effective regular rate: $20.00/hr across 45 hours worked
- Fixed salary + bonus
- $900.00
- OT premium (0.5× × OT hrs)
- + $50.00
- Total weekly pay
- $950.00
5 OT hours
Total weekly pay: $950.00. The fixed salary ($800.00) plus bonus ($100.00) yields an effective regular rate of $20.00/hr across 45 hours; the 0.5× premium on 5 overtime hours adds $50.00.
✓ Regular rate meets federal minimum wage ($7.25/hr).
This calculator covers non-exempt employees paid a fixed weekly salary under the FWW method (29 CFR §778.114). It does not cover tipped employees (29 CFR §531), piece-rate workers (§778.111), or employees with multiple hourly rates (§778.115). For those pay structures, consult DOL guidance or qualified counsel.
Formula
Under FWW, the fixed salary is already considered to compensate the employee at the straight-time regular rate for all hours worked that week. That is why the overtime premium is 0.5× rather than 1.5× — only the additional half-time premium is owed for hours over 40.
Worked example
- Fixed weekly salary: $800
- Hours worked: 45
- Non-excludable bonus: $100
- Total compensation: $800 + $100 = $900
- Regular rate: $900 ÷ 45 = $20.00/hr
- Overtime hours: 45 − 40 = 5
- Overtime pay: $20.00 × 0.5 × 5 = $50.00
- Total weekly pay: $900 + $50 = $950.00
Case study
One salary, three very different weeks
An office coordinator is non-exempt and paid a fixed $900 a week under a clear mutual understanding that the salary covers all hours, as 29 CFR §778.114 requires. Her hours vary: 38, 46 and 52.
- 38 hours: regular rate $900 ÷ 38 = $23.68 — no overtime, pay $900.00
- 46 hours: regular rate $900 ÷ 46 = $19.57; premium $19.57 × 0.5 × 6 = $58.70 — pay $958.70
- 52 hours: regular rate $900 ÷ 52 = $17.31; premium $17.31 × 0.5 × 12 = $103.85 — pay $1,003.85
The common mistake
Using the fluctuating workweek method when its conditions are not met — for example when the salary is understood to cover only 40 hours — turns it into ordinary overtime. Treating $900 as pay for 40 hours ($22.50/hr), the 52-hour week would owe $22.50 × 1.5 × 12 = $405.00 of overtime instead of $103.85.
Takeaway: Rates are rounded for display; the calculator uses the exact values. The more hours worked, the lower the regular rate. Check every week that it stays above the federal and state minimum wage, and confirm your state allows the method at all.
Frequently asked questions
What is the fluctuating workweek method?
The fluctuating workweek (FWW) method, authorized by 29 CFR §778.114, is an alternative way to pay overtime to non-exempt salaried employees whose hours vary week to week. The employee receives a fixed weekly salary regardless of hours worked, and overtime is paid at 0.5× the regular rate for each hour over 40. The regular rate is recomputed each week as total compensation divided by actual hours worked.
Can bonuses be included in fluctuating workweek calculations?
Yes. Since a 2020 DOL rule change, non-discretionary bonuses, premium payments, and other forms of additional compensation may be paid on top of the fixed salary under FWW. Those amounts must be included in the regular rate calculation for that week, which increases the 0.5× overtime premium.
Do the employee's hours need to go below 40?
No. The FLSA no longer requires that hours "fluctuate below 40" in any given week. The DOL confirmed this in 29 CFR §778.114 as amended in 2020. What is required is that hours genuinely fluctuate week to week and that the fixed salary covers all hours worked at the regular rate.
What states do not allow the fluctuating workweek method?
Several states either prohibit or significantly restrict FWW because their overtime rules require 1.5× (not 0.5×) for hours over 40. These include California, Alaska, Connecticut, Minnesota, New Jersey, New Mexico, and Pennsylvania. State case law in other jurisdictions may also limit its use. Always confirm with state-specific guidance before applying FWW.
What happens if the regular rate falls below minimum wage?
If the calculated regular rate (total compensation ÷ hours worked) is below the federal minimum wage of $7.25/hour — or a higher state/local minimum — the arrangement does not meet FLSA requirements. The employer must increase pay so the regular rate is at or above the applicable minimum wage for every hour worked that week.
Sources
- U.S. Department of Labor — Fact Sheet #82: Fluctuating Workweek Method
- 29 CFR §778.114 — Fixed salary for fluctuating hours
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Built and maintained by Sabrina Perez. This calculator is checked by automated tests against official worked examples — how we test.