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Under which condition is it acceptable for an employer to adopt a fluctuating work week for pay calculation?
For exempt employees to keep track of time
If the employee schedules actually fluctuate
For nonexempt workers who are paid a flat, biweekly sum
Never, because fluctuating workweeks are prohibited
The correct answer is: If the employee schedules actually fluctuate
The correct answer is based on the understanding that a fluctuating work week (FWW) can be utilized in specific contexts to accommodate varying employee schedules. Employers can adopt a fluctuating work week for pay calculations when the hours worked by an employee are inconsistent and vary significantly from week to week. This approach is particularly suitable for nonexempt employees whose hours may change due to the nature of their work, making it difficult to provide a steady paycheck based on a fixed hourly wage. When using the fluctuating work week method, the employee is compensated with a flat salary for the weeks worked, while additional hours worked beyond the standard 40 are paid at a rate that complies with the Fair Labor Standards Act (FLSA) requirements. This method allows for flexibility and can be especially advantageous in industries where work hours are unpredictable. This context aligns with labor regulations, which stipulate that such an arrangement is acceptable specifically for nonexempt employees. Therefore, the condition regarding fluctuating schedules justifies the implementation of a fluctuating work week pay structure.