Two recent decisions by Connecticut courts illustrate both the utility and some of the limitations of using the “fluctuating workweek method” to calculate the overtime pay for non-exempt employees who work more than 40 hours in a workweek.

Under the federal Fair Labor Standards Act (FLSA) and Connecticut law, most employees who work more than 40 hours in a given workweek are entitled to compensation for the additional hours “at a rate not less than one and one-half times the regular rate at which [they are] employed.” Certain employees paid on a salary basis — generally white-collar professionals and managers — are exempt from the overtime pay requirement, but most workers must receive what is popularly known as “time-and-a-half for overtime.”

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