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(l-r) Christina Tellado, Deisy Castro, and Dana Feinstein of Holland & Knight. (l-r) Christina Tellado, Deisy Castro, and Dana Feinstein of Holland & Knight.

The Pennsylvania Supreme Court recently rejected the use of the fluctuating workweek method (FWW method) of overtime compensation under the Pennsylvania law. In doing so, the court distinguished the federal regulations that have explicitly adopted the FWW method. As explained by the court, this case addresses an ambiguity in the law that resulted from the inaction of the Pennsylvania legislature and the Department of Labor and Industry. Thus, until further regulations are promulgated, Pennsylvania employers should review and, if necessary, revise their pay practices for their nonexempt workforce.

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