No “Fluctuation” as New York Federal Courts Continue to Allow Half-Time Damages

Continuing the recent string of good news for employers on the fluctuating workweek (“FWW”) front, last week a federal judge in the Southern District of New York held that RadioShack’s use of the FWW or “half-time” method to calculate overtime pay for managers was permissible under New York Labor Law (“NYLL”), even though the company paid performance-based bonuses.

As we reported recently [here] and [here], courts have been showing their support for the FWW method recently, calculating damages in misclassification cases by providing a “half time” premium, under which the employee receives an overtime payment of .5x, rather than a “time and a half” premium of 1.5x.

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