FLSA Workweek Definition

Attorney Richard Celler

Under the FSLA, a workweek is defined as any seven day consecutive period.  The starting and ending point for each workweek is set and defined by the employer, but remember, once an employer sets the workweek they can’t change it to avoid paying you overtime.  Overtime must be computed on a week-by-week basis.  What does that mean?  It means, that each workweek stands alone under the FSLA, and working time cannot be averaged between two weeks.  So, if an employee works on a two week pay period, he or she is entitled to be paid overtime for every overtime hour worked in each of those workweeks.  As an example, let’s say you work 50 hours in week one.  But, in week two, you only work 30 hours.  You would still be entitled to be paid your overtime for the 10 hours of overtime – remember, any hours over 40, that you worked in week one.  Event though, if you averaged the two weeks, it would only come to 40 hours per week.

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