The Pennsylvania Supreme Court has agreed to consider whether the fluctuating workweek method for calculating overtime payments for salaried employees violates state law.

The justices on Monday agreed to hear an appeal in the case Chevalier v. General Nutrition Centers to specifically address whether Pennsylvania’s Minimum Wage Act allows an employer to pay a salaried employee half of their regular rate for every hour worked over 40 in a given week, rather than one-and-a-half times their regular salary for each overtime hour.

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