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Williams v. General Nutrition Ctrs., Inc.

Articles Discussing Case:

Connecticut Supreme Court Upholds Fluctuating Workweek Method . . . but Not for Retail Employees

Ogletree Deakins • September 08, 2017
The Connecticut Supreme Court’s holding in Williams v. General Nutrition Centers, Inc., No. SC 19829 (August 17, 2017) is a mixed bag for Connecticut employers. While the court held that Connecticut law does not generally prohibit an employer’s use of the fluctuating workweek method to calculate a nonexempt employee’s hourly overtime rate, it also held that a Connecticut Department of Labor wage order does prohibit its use in connection with mercantile employees, which includes retail employees.

Connecticut Wage Regulations Bar Fluctuating Workweek Method in Calculating Overtime Pay for Retail Workers

Jackson Lewis P.C. • September 06, 2017
State wage regulations promulgated by the Connecticut Department of Labor prohibit use of the “fluctuating work week” method of calculating overtime pay for mercantile (retail) employees, the Connecticut Supreme Court has held. Williams v. General Nutrition Centers, Inc., 326 Conn. 651 (Conn. 2017). The Court was responding to a certified question from the U.S. District Court for the District of Connecticut.

No Fluctuating Workweek for Retail Employees Paid by Commission, Connecticut Supreme Court Rules

XpertHR • August 30, 2017
Employers in Connecticut may not use the "fluctuating workweek" method of calculating overtime for retail employees who are paid a commission as part of their earnings, for delivery drivers or for sales merchandisers.