Fluctuate Away: When can an Employer Pay Half-time for Overtime?
According to the Fourth Circuit Court of Appeals and other federal circuits, the overtime calculation is significantly more employer friendly when paying salaried non-exempt employees. Keep in mind that just because an employee is salaried does not automatically mean that he or she is not entitled to overtime under the Fair Labor Standards Act (FLSA). The determination as to exempt or non-exempt is based on the actual duties performed – not whether the employee is paid a salary. The Fourth Circuit, joining several other courts as well as the Department of Labor, has held that salaried employees may only be […]




