No Appetite for Fluctuating Workweek OT Calculation

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In 2014, a group of managers at General Nutrition Centers Inc. retail stores in Connecticut who received sales commissions in addition to a base salary filed a lawsuit alleging that GNC’s use of the fluctuating workweek method of calculating their overtime pay shorted them on overtime pay and was a violation of state wage laws and regulations.

Under the fluctuating workweek method, which is allowed under federal law, an hourly pay rate is computed based on the actual number of hours an individual works in a given week. The U.S. District Court certified to the state high court the question

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