This Note focuses on the uncertainty inherent in overtime calculations for certain categories of employees who earn commission in addition to hourly wages. Part I of this Note gives the relevant history behind overtime and “regular rate” calculation. Part II analyzes the different methods of determining an employee’s regular rate of pay in the Seventh and Eleventh United States Circuit Courts of Appeals. Part III proposes for a uniform approach to deferred commission allocation in overtime calculation, advocating the Eleventh Circuit’s method because it more closely follows the aims of the FLSA and because the Department of Labor favors the interpretation.
Lean Weeks and Fat Weeks: A Commissioned Employee's Regular Rate of Overtime Pay,
Ga. St. U. L. Rev.
Available at: https://readingroom.law.gsu.edu/gsulr/vol35/iss2/6