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What is Chinese overtime?

 

A:

Some employers use the fluctuating work week method to pay employees. This is also known as the "variable workweek" or "half-time" method. Some courts even refer to it as "Chinese overtime." The sad effect of this law is that you end up making less per hour the more you work. The bad news is that this is a legal way to pay employees under the Fair Labor Standards Act (FLSA).

Most employers make mistakes when applying the fluctuating work week and, as a result, end up owing back wages to their employees. One slip up can invalidate the entire pay structure for all other weeks worked.The good news: finding your company's mistake is fairly easy and with one phone call to our employment attorneys you can find out for free if you are owed wages under the Fair Labor Standards Act. You can also order our free book to learn more about wage and overtime laws.

Article: How the Fluctuating Work Week, or Chinese overtime, undermines your pay scale.


Article:
The more I work, the less I make per hour. How can that be legal? 5 ways your employer might be violating the fluctuating work week or "Chinese overtime" law.


Galvin Kennedy
Founding Attorney at Kennedy Hodges, LLP