Second, this method of paying overtime- technically called the “fluctuating work week” and allowed under federal law – is not contained in any Connecticut law, and we at the Hayber, McKenna & Dinsmore believe that employer may not use this method of compensation to pay anyone! By this method, employees receive “half time” for hours worked beyond 40 in a week, instead of “time and a half.” This is in fact a weasel way to get around paying employees the full amount required by law when they work more than 40 hours per week.
CAN MY EMPLOYER PAY ME “CHINESE OVERTIME”?
Well, first of all, this offensive term was not coined by the Hayber, McKenna & Dinsmore: it is the term actually used by a member of management at the grocery chain “Save a Lot” when referring to the way it compensates its assistant managers for their overtime work. See our lawsuit at www.hayberlawfirm.com. It is our understanding that Lowe’s also engages in this practice.
Give us a call if you or someone you know is being paid overtime in this manner!