Twelve Common Errors in Overtime Pay: Workweek Expansion

Kevin D. Fitzpatrick, Jr. : March 1, 2012 1:04 pm 

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record-keeping and youth employment standards for workers in the private sector and government.  Covered non-exempt workers are entitled to overtime pay of at least 1.5 times regular pay if they work more than 40 hours per week. 

Another common problem area: 

4.Workweek expansion 

For most employers, the FLSA overtime rules operate on the basis of a seven-day workweek.  If you work more than 40 hours in a seven-day workweek, you’re entitled to overtime pay for that week, regardless of the dimension of the actual pay period.  If your employer pays you on the basis of a 14-day pay period, for example, the employer may not “average out” the employee’s work time for purposes of paying overtime.  If you worked 50 hours in the first week and 30 hours in the second week of a 14-day pay period, you are entitled to 10 hours of overtime pay for the first week. 

If you are an employer or an employee and have questions about the Fair Labor Standards Act, call the FLSA experts at DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC, Charles Bridgers and Kevin Fitzpatrick, at (404) 979-3150 for a free consultation.  For more information, check out our publication,  Are You Entitled to Overtime Pay?