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Defining the Workweek

Editor's Note: The workweek doesn't necessarily have to run from Monday to Sunday.

Michael CardmanOverview: The Fair Labor Standards Act requires employers to pay employees overtime when they work beyond a certain threshold, usually 40 hours in a workweek.

For most employers, the workweek coincides with the calendar week, running from 12 a.m. Monday to 12 p.m. on Sunday.

But employers are allowed to use any fixed and regularly recurring period of 168 hours, or seven consecutive 24-hour periods. It may begin on any day of the week and at any hour of the day.

Once an employer establishes a workweek, it must remain fixed. The employer may change the workweek, but the change must be intended to be permanent and must not be designed to evade the overtime requirements of the FLSA.

Not all employees are paid overtime on the basis of 40 hours per 168-hour workweek. Police, firefighters, EMS employees and unionized employees can work under alternative work periods as long as 28 days.

Trends: A single workweek may be established for a plant or other establishment as a whole or different workweeks may be established for different employees or groups of employees. This flexibility may prove advantageous for employers with various employees working different schedules in different locations.

Author: Michael Cardman, Legal Editor

New and Updated

  • Overtime: Colorado

    Type:
    Employment Law Manual

    Updated to reflect the Colorado Overtime and Minimum Pay Standards (COMPS) Order, effective March 16, 2020.

  • Overtime: Pennsylvania

    Type:
    Employment Law Manual

    Updated to reflect information about a Supreme Court of Pennsylvania ruling concerning the fluctuating workweek.

  • Overtime: California

    Type:
    Employment Law Manual

    Updated to reflect amendments to the overtime requirements for agricultural employees, effective January 1, 2019.

  • Overtime: Oregon

    Type:
    Employment Law Manual

    Updated to reflect forthcoming requirements under the Oregon scheduling law.

  • Overtime: Maryland

    Type:
    Employment Law Manual

    In-depth review of the spectrum of Maryland employment law requirements HR must follow with respect to overtime.

  • Overtime: Michigan

    Type:
    Employment Law Manual

    In-depth review of the spectrum of Michigan employment law requirements HR must follow in respect to overtime.

  • Overtime: Alaska

    Type:
    Employment Law Manual

    In-depth review of the spectrum of Alaska employment law requirements HR must follow with respect to overtime.

  • Overtime: New Mexico

    Type:
    Employment Law Manual

    In-depth review of the spectrum of New Mexico employment law requirements HR must follow with respect to overtime.

  • Overtime: Wisconsin

    Type:
    Employment Law Manual

    In-depth review of the spectrum of Wisconsin employment law requirements HR must follow with respect to overtime.

  • Overtime: Illinois

    Type:
    Employment Law Manual

    In-depth review of the spectrum of Illinois employment law requirements HR must follow with respect to overtime.

About This Topic

HR guidance on complying with the FLSA requirements on defining the workweek or work period.

Defining the Workweek or Work Period: Key Items

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