work·week | \ ˈwərk-ˌwēk \
noun
Perhaps one of the most important terms of art under the Fair Labor Standards Act (“FLSA”), an employer’s designated workweek impacts nearly every aspect of an employee’s pay – from minimum wage and overtime to application of most exemptions. Let’s break down this concept.
The FLSA regulations define workweek as “a fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods.” Contrary to popular belief, a workweek need not coincide with a calendar week, nor must it align with an employer’s hours of operation. Instead, it can begin on any day and at any hour of the day. However, the key is that once a workweek is determined, it must remain fixed regardless of the employees’ hours worked with limited exception.
Yes, employers may adopt more than one workweek. The FLSA regulations expressly allow employers to adopt workweeks based on factors such as location/facility, groups of employees (e.g., departments), or even by employee. For example, an employer with operations of Monday through Friday may choose to adopt a workweek of Sunday at 12:01 a.m. to Saturday at 11:59 p.m. However, an employer who operates primarily on the weekends or perhaps is a 24-7 operation, may determine that a different workweek is logistically simpler or more beneficial to its operations.
Yes, changing workweek designations...
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