What Exactly Counts as a 'Workweek' for Overtime Purposes?
October 23, 2026
Per DOL guidance, a workweek for FLSA overtime purposes is a fixed, regularly recurring period of 168 hours (seven consecutive 24-hour periods) — it doesn't have to align with the calendar week (Sunday-Saturday), but once an employer establishes a specific workweek, it must remain fixed and consistent.
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Since overtime is calculated per workweek, an employer changing the workweek definition on an ad hoc basis specifically to avoid paying overtime (for example, redefining the week boundary right when an employee is about to cross 40 hours) would not be permitted — the workweek has to be a genuinely fixed, consistently applied period, not one manipulated case by case.
An Employer Can Choose Which Days, Just Not Change Them Opportunistically
An employer is free to set their workweek as, for example, Wednesday through Tuesday rather than the calendar Sunday-Saturday week — this is a legitimate choice as long as it's consistently applied going forward, not adjusted whenever convenient for a specific pay calculation.
Frequently Asked Questions
What is a 'workweek' for FLSA overtime purposes?
A fixed, regularly recurring period of 168 hours (seven consecutive 24-hour periods), which doesn't have to match the calendar week.
Can an employer change the workweek definition?
An employer can choose which days define their workweek, but can't change it on an ad hoc basis specifically to avoid paying overtime.
Does the workweek have to be Sunday-Saturday?
No — an employer can set it to any consistent seven-day period, such as Wednesday through Tuesday.
Why does the fixed nature of the workweek matter?
Because overtime is calculated per workweek, and an inconsistently applied or opportunistically changed workweek could be used to improperly avoid overtime obligations.