Using a Bi-Weekly Time Card for Hourly Contractors
October 23, 2026
An hourly independent contractor can use a bi-weekly time card format for tracking and invoicing purposes, even though FLSA overtime rules (including the per-workweek 40-hour threshold) generally don't apply to independent contractors the way they do to employees.
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A contractor tracking hours bi-weekly is typically doing so to generate an accurate invoice for the client, not to determine overtime eligibility — the two-week total of hours worked, multiplied by the agreed hourly rate, is usually the relevant calculation, without a separate overtime premium unless specifically agreed in the contract.
If an Overtime-Like Premium Is Contractually Agreed
Some contractor agreements do specify a higher rate for hours beyond a certain threshold as a matter of contract terms, even though this isn't a legal overtime requirement the way it is for employees — if such a term exists in the specific contract, it should be applied as written, separate from any statutory overtime framework.
Frequently Asked Questions
Do FLSA overtime rules apply to independent contractors?
Generally no — FLSA overtime protections apply to employees, not independent contractors.
Why would a contractor still use a bi-weekly time card?
Typically for invoicing and project-tracking purposes, not for overtime eligibility.
Can a contractor still get a higher rate for extra hours?
Only if specifically agreed in the contract terms — this would be a contractual arrangement, not a legal overtime requirement.
What's the typical bi-weekly calculation for a contractor?
Total hours worked over the two weeks multiplied by the agreed hourly rate, without a separate overtime premium unless contractually specified.