May overtime be averaged out over two or more weeks?

Author: Michael Cardman, XpertHR Legal Editor

No. Under the Fair Labor Standards Act, each workweek must stand alone. For example, an employee who works 30 hours one week and 50 hours the next must receive overtime pay for the hours worked beyond 40 in the second week, even though the average number of hours worked in the two weeks is 40. This is true regardless of whether the employee works on a standard or swing shift schedule and regardless of whether payment is on a daily, weekly, bi-weekly, monthly or other basis. This rule also applies to employees paid on a piecework basis or commission.