What is the fluctuating workweek method of computing overtime?
The fluctuating workweek (FWW) method lets an employer pay a nonexempt employee a fixed weekly salary for hours that vary week to week, then add extra half-time pay for overtime hours — but only when specific conditions are met.
The method
29 CFR § 778.114 authorizes the fluctuating workweek method of computing overtime based on the regular rate for a nonexempt employee, provided the stated circumstances are satisfied (the employee’s hours fluctuate, a fixed salary is paid regardless of hours, and the parties share a clear mutual understanding).
A citation to watch
A brief might cite 29 CFR § 778.113 for the fluctuating workweek method. Section 778.113 addresses the regular rate for salaried employees generally; it does not state the FWW method, so the judge rejects it.
How these citations were verified
Ruled 2026-06-22Every citation in the answer above was submitted to the Kingsfield judge and ruled against the primary-law corpus — Accept, Reject, or Inconclusive, per citation. These are live verdicts, not editorial. Each card shows the verbatim authority text the verdict was rendered against.
Proposition: Under the fluctuating workweek method, an employer may pay a nonexempt salaried employee whose hours fluctuate a fixed salary plus additional half-time pay for overtime hours.
“§ 778.114 Fluctuating Workweek Method of Computing Overtime. (a) An employer may use the fluctuating workweek method to properly compute overtime compensation based on the regular rate for a nonexempt employee under the following circumstances…”
Cite found; proposition supported by the cited text.
Proposition: 29 CFR 778.113 establishes the fluctuating workweek method of paying half-time for overtime to salaried nonexempt employees.
Cite found, but the cited text does not support the proposition. 29 CFR 778.113 covers the regular rate for salaried employees generally, not the fluctuating workweek method at 778.114. Regenerate with the correct authority.
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