Williams v. General Nutrition Centers, Inc.

At issue was how employers must determine the hourly wage - or regular rate - for retail employees whose pay fluctuates weekly because they receive commissions for the purposes of calculating overtime pay. Defendants in this case calculated Plaintiffs’ overtime pay using a method commonly known as the fluctuating workweek method. Plaintiffs brought this action claiming that Defendants’ use of the fluctuating method to calculate their regular rate for purposes of determining their overtime pay rate violated Connecticut wage laws. The district court certified a question to the Supreme Court. The Supreme Court answered by holding that, although Connecticut wage laws do not prohibit the use of the fluctuating method for employees such as Plaintiffs, the state Department of Labor fair minimum wage order governing the calculation of overtime pay for mercantile employees does. View "Williams v. General Nutrition Centers, Inc." on Justia Law