Federal Appeals Court Rejects Narrow View of the Fluctuating Workweek By Seth Kaufman on June 22, 2020 Email this postTweet this postLike this postShare this post on LinkedIn Second Circuit rejected plaintiffs’ attempt to let a few anomalous weeks tarnish the proper use of the FLSA’s fluctuating workweek, and, in doing so, handed employers a useful defense tool in these and similar cases.