How does the fluctuating workweek method compute overtime?

Regular rate = fixed weekly salary ÷ hours actually worked. Extra overtime is one-half that rate times hours over 40. Official 778.114(b)(1): $600 salary, 50 hours → RR $12, extra $60, total $660. A short week still pays the full salary.

Classic $600 / 50 hours under 778.114?

RR $12. Extra half-time on 10 hours is $60. Total $660. The same $600 under Pennsylvania always-÷40 or treating salary÷40 as an hourly rate on /overtime/ is $825. Under 778.113 with intended hours of 40 it is also $825.

Same as PA salaried, 778.113, Belo, or day-rate?

No. Pennsylvania § 231.43(g) always divides by 40 and pays full 1.5×. 778.113 divides by the hours the salary is intended to compensate and still pays 1.5× after 40. 7(f) Belo pays a weekly guaranty even under 40. 778.112 day-rate is extra half-time on day sums ÷ hours. This page divides by hours actually worked and pays only extra half-time.

What are the 778.114(a) conditions?

Hours must fluctuate; the salary is fixed; the salary is enough for the applicable minimum wage in the longest week; there is a clear mutual understanding that the salary covers all hours worked; and overtime hours receive not less than one-half the regular rate in addition to the salary.

$1,000 / 50 hours — FWW vs Pennsylvania?

FWW: RR $20, extra half-time $100, total $1,100. Pennsylvania always-÷40: RR $25, OT $375, total $1,375. That is the L&I contrast on the PA salaried page.

FLSA Fluctuating Workweek Overtime

FLSA fluctuating workweek (778.114)

29 CFR § 778.114: for a non-exempt employee paid a fixed weekly salary that compensates all hours worked (few or many), the regular rate is that salary ÷ hours actually worked. Extra overtime is ½ × that regular rate × hours over 40 — straight time is already inside the salary. Official $600 / 50h → $660 vs PA always-÷40 $825 vs treating salary÷40 as hourly on /overtime/ $825. $1,000 / 50h → $1,100 vs PA $1,375. Not 778.113. Not Belo. Not day-rate. Nightshift/bonus RR arithmetic stays on /flsa-regular-rate/.

How 778.114 pays

29 CFR § 778.114 is the fluctuating-workweek method. The fixed salary is straight-time compensation for every hour worked that week. Regular rate = salary ÷ hours actually worked. Because straight time is already paid, only extra half-time is due on hours over 40.

Official 778.114(b)(1) example — $600 salary. Week of 50 hours: RR $12; extra 10 × $6 = $60; total $660. Week of 44 hours: RR $13.64; extra $27.28; total $627.28. Week of 37.5 hours: salary only $600 (no overtime). Week of 48 hours: RR $12.50; extra $50; total $650.

Same $600 under cousins. Pennsylvania § 231.43(g) always ÷40: RR $15; OT 10 × $22.50 = $225; total $825. Treating salary÷40 ($15) as a typed hourly on /overtime/ is the same $825. 778.113 with intended hours of 40 is also $825. FWW is the half-time path.

$1,000 / 50 hours (PA L&I contrast). FWW: RR $20; extra $100; total $1,100. PA always-÷40: RR $25; OT $375; total $1,375.

778.114(a) gates (labeled). Hours fluctuate; salary is fixed; salary covers applicable minimum wage in the longest week; clear mutual understanding that the salary covers all hours; overtime hours receive not less than one-half the regular rate in addition to the salary. Bonuses, commissions, and night premiums in 778.114(b)(2)–(3) must enter the regular-rate numerator when not excludable — compute those add-ons on /flsa-regular-rate/.

CFR $600 / 50h → $660 (PA / ÷40-hourly / 778.113-40 → $825).
CFR $600 / 44h → $627.28.
CFR $600 / 37.5h → $600.
CFR $600 / 48h → $650.
$800 / 50h → $880.
$1,000 / 50h → $1,100 (PA $1,375).

Sources

29 CFR § 778.114 — Fluctuating Workweek Method of Computing Overtime (Cornell LII, HTTP 200)
eCFR § 778.114 — current text
29 U.S.C. § 207(a) — overtime after 40

FAQ

How does FWW overtime work?

RR = salary ÷ hours actually worked. Extra half-time after 40. Official $600 / 50h → $660.

Same as PA salaried or 778.113?

No. PA § 231.43(g) always ÷40 + full 1.5× ($825 on the classic week). 778.113 ÷ intended hours + 1.5× after 40. This page ÷ actual hours + half-time only.

Same as Belo or day-rate?

No. § 7(f) Belo pays a weekly guaranty even under 40. 778.112 is extra half-time on day/job sums ÷ hours. FWW is a fixed salary for fluctuating hours.

Does a short week still pay the salary?

Yes. 778.114(b)(1) week of 37.5 hours at $600 salary pays $600 — no overtime, and no reduction below the fixed salary.

Where do nightshift differentials and bonuses go?

Non-excludable add-ons enter the regular-rate numerator under 778.114(a)(5) / (b)(2)–(3). Use /flsa-regular-rate/ for 778.207–.209 arithmetic; this page is the pure fixed-salary FWW path.