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).
Use this calculator 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
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).
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
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, New Mexico, and Pennsylvania. 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