Final Fluctuating Overtime Pay Rule Moved to White House Review

A final rule designed to give employers legal certainty when calculating overtime pay using the “fluctuating workweek” method for workers with irregular schedules is awaiting approval from the White House before public release.

The Labor Department transmitted the regulation Tuesday to the White House Office of Information and Regulatory Affairs, according to an online posting. The rule will undergo a review process that’s typically the last phase before publication.

Reviving a George W. Bush administration initiative that was quashed by the Obama Labor Department, the rule would update fluctuating workweek overtime calculations, an option available for employers under the ...