This Offer Letter (Employee Paid by Fluctuating Workweek Method) is based on federal fluctuating workweek regulations. The letter should be used for non-exempt, non-union employees whose weekly hours fluctuate, but who are paid a fixed weekly salary. This template includes practical guidance and drafting notes. This template is intended for private employers. It is based on federal law and does not address all potential state law distinctions; thus, you should check any relevant state and local laws. State requirements may differ and, in some cases, may prohibit employers from using the fluctuating workweek method altogether. For additional guidance on the fluctuating workweek method of payment, see Alternative FLSA Compensation Methods: Piece Rate / Day Rate, Fluctuating Workweek, and Belo Plans — Instituting Fluctuating Workweek Pay and Fluctuating Workweek Guidelines Checklist. For a full listing of key content covering recruiting, screening, testing, hiring, and onboarding, see Screening and Hiring Resource Kit. For additional guidance on offer letters, see Implied Contract Claims, Employee Handbook Disclaimers, and Offer Letters. For detailed state-specific and non-jurisdictional annotated offer letters, see the Employment and Compensation Contracts column of Employment Contracts State Expert Forms Chart. For a short annotated offer letter, see Offer Letter (Short Form). For an offer letter for a commissioned salesperson, see Offer Letter (Commissioned Sales Employee).