Alternate Overtime System

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 It is our understanding that Lowe’s also engages in this practice.

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.

Give us a call if you or someone you know is being paid overtime in this manner!

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I worked for a retailer and was a Plaintiff in a class action for unpaid overtime wages. Hayber, McKenna & Dinsmore did an amazing job of getting our unpaid overtime back to us. Every one at the firm that I dealt with through that process was wonderful to work with. I appreciate all they did for us more than you will ever know.
- L. LeHeup, Georgia