Federal overtime is counted per workweek, not per pay period and not per calendar week. Knowing exactly when your workweek starts is the key to checking overtime on a time card.
The definition
Under 29 CFR 778.105, a workweek is “a fixed and regularly recurring period of 168 hours”, seven consecutive 24-hour periods. It:
- can begin on any day and at any hour, for example Wednesday at 6:00 AM;
- does not have to match the calendar week;
- stays fixed regardless of your schedule;
- may be changed only if the change is meant to be permanent and is not designed to evade overtime requirements.
Each workweek stands alone
The Department of Labor states that hours cannot be averaged over two or more weeks. A 50-hour week followed by a 30-hour week includes 10 overtime hours, even though the two weeks add up to 80 hours.
| Week | Hours | Overtime hours |
|---|---|---|
| Week 1 | 50 | 10 |
| Week 2 | 30 | 0 |
| Pay period | 80 | 10 |
The biweekly pay calculator shows this side by side.
Why the start day matters
Take this schedule, worked over eight consecutive days:
| Day | Sun | Mon | Tue | Wed | Thu | Fri | Sat | Sun |
|---|---|---|---|---|---|---|---|---|
| Hours | 8 | 8 | 8 | 8 | 8 | 8 | 0 | 8 |
- Workweek starting Sunday: the first Sunday through Saturday totals 48 hours, so 8 hours are overtime. The second Sunday starts a new week.
- Workweek starting Monday: Monday through the second Sunday totals 48 hours (8 + 8 + 8 + 8 + 8 + 0 + 8), so 8 hours are overtime, but they fall in a different week. The first Sunday belongs to the previous week.
The total overtime can be the same, as here, or it can shift into a different pay period, which is why your time card should use your employer’s actual start day. The time card calculator and timesheet calculator let you choose it.
Overnight shifts at the week boundary
Hours are generally counted in the workweek in which they are worked. A shift that runs past the moment your workweek ends may be split between two weeks. See how to calculate overnight shift hours.
Sources
- 29 CFR 778.105, Determining the workweek (Cornell Legal Information Institute)
- U.S. Department of Labor, Fact Sheet #23: Overtime Pay Requirements of the FLSA
About this guide. Written for US employees as general information, not legal or tax advice. Rules can differ by state, employer, and contract. See our methodology and disclaimer.