Hello. I am doing research on the fluctuating workweek overtime calculation for salaried employees, which the DOL states can be halftime as they have already been paid their salary. However, I found an article that said that in California and Mass. the halftime calculation is illegal. I could not find any evidence to support this. Is this true? Are there any other states that the halftime calculation is illegal in? Thank you!! :confused:

I don't have a list of states that prohibit it (though I know that California definitely does not permit it). I would try states that recognize an eight hour workday. States with an 8 hour workday are: Alaska, California, Colorada (12 hour day), Nevada and the Virgin Islands and Puerto Rico.

California's position may be found in an opinion letter issued by the Department of Labor Standards Enforcement. http://www.dir.ca.gov/dlse/opinions/2000-09-29.pdf

Let me know if you have any other questions.