how legal is the Fluctuating Workweek method of overtime?

[Sean K]

i work at an Eddie Bauer retail location, and they pay me with the Fluctuating Workweek method of overtime (or as they called it "chinese overtime") where the only pay me half pay (one third of the standerd time and a half) for the first five hours i work over 40. This sounded realy illeagal to me so i googled it and found out that it is infact leagal but only if they pay me a fixed rate salery weekly. I am currently payed bi-weekly and hourly, so i dont think that this senario is very kosher. Does anyone no anymore about this senario

[donfletcheryh]

Biweekly qualifies as weekly. Even if it is paid biweekly the AMOUNT paid is based on a weekly salary.

Every weekly salary can be expressed as an hourly rate for 40 hours. How we know that it is a weekly amount is that we are paid for 40 hours when we have a paid holiday. If we are paid for one less day, it is an hourly rate.