Cole Williams v. General Nutrition Centers, Inc.

Summary

The court held that Connecticut's overtime statutes do not prohibit the fluctuating method for calculating the regular rate of employees paid partly by commission, except for specified delivery drivers and sales merchandisers. It nevertheless held that the mercantile wage order requires employers to divide an employee's total weekly earnings by the hours usually worked, thereby precluding the fluctuating method's division by actual hours worked. The court answered the certified question in the negative.