[Excerpt] “This article argues that the fluctuating workweek method of overtime compensation is a viable alternative to the traditional method of overtime compensation. First, it will explain how the fluctuating workweek works and how state courts have treated it. Second, it will debunk several misconceptions about the fluctuating workweek. Finally, it will show that employers are working small numbers of employees for long hours because paying overtime is cheaper today than hiring new employees.
Anthony J. Galdieri, The Fluctuating Workweek: How It Works, How It’s Treated, How It’s Perceived, 8 Pierce L. Rev. 157 (2010), available at http://scholars.unh.edu/unh_lr/vol8/iss2/4