What Is a Workweek? How to Set Yours for Overtime
Quick Answer
Under federal law, a workweek is a fixed and regularly recurring period of 168 hours, or seven consecutive 24-hour periods. It can start on any day and at any hour, and it doesn't have to match the calendar week. Overtime for non-exempt employees is based on hours worked in each workweek, and hours can't be averaged across two or more weeks. Once set, a workweek should only be changed if the change is meant to be permanent and not to avoid overtime.
Most businesses never think about their workweek. Payroll runs every other Friday, the schedule starts on Monday and that's that. But for overtime, the workweek is one of the most important definitions in your business. It decides which hours count toward 40, and getting it wrong can mean underpaying overtime without realizing it.
This guide explains what a workweek is under federal law, how to choose yours, why each workweek stands alone, how it differs from a pay period, and the mistakes that cause overtime errors.
Note: This is general information, not legal advice. Some states have additional rules, such as daily overtime, so check the rules where your team works.
The Federal Definition of a Workweek
According to the Department of Labor, an employee's workweek is "a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods." Federal regulations add a few key points:
- It doesn't have to match the calendar week. It can run Wednesday to Tuesday, for example.
- It can begin on any day and at any hour. Sunday at 12:00 a.m. is common, but Thursday at 6:00 a.m. is allowed.
- Different employees or groups can have different workweeks. A night crew could use a different start than the day shift.
- Once set, it stays fixed regardless of the hours an employee happens to work.
Why the Workweek Matters for Overtime
Under the Fair Labor Standards Act, non-exempt employees must receive overtime of at least one and a half times their regular rate for hours worked over 40 in a workweek. The Department of Labor is clear that "averaging of hours over two or more weeks is not permitted." Each workweek stands on its own.
Example: Two Weeks, Same Total, Different Overtime
| Week 1 | Week 2 | Total | |
|---|---|---|---|
| Hours worked | 48 | 32 | 80 |
| Overtime hours | 8 | 0 | 8 |
Even though the employee worked 80 hours over two weeks, they're owed 8 hours of overtime for week 1. You can't offset week 1's extra hours with week 2's shorter week. This is one of the most common overtime mistakes in businesses with biweekly payroll. See how to audit timesheets.
Workweek vs. Pay Period vs. Schedule Week
| Workweek | Pay period | Schedule week | |
|---|---|---|---|
| What it is | Fixed 168-hour period for overtime | How often you pay employees | How you publish schedules |
| Set by | The employer, within federal rules | The employer, within state pay-frequency rules | The employer |
| Used for | Calculating overtime | Paying wages | Planning shifts |
| Can it differ? | Yes, it can differ from the others | Yes | Yes |
They don't have to line up, but life is much easier when they do. If your schedule runs Monday to Sunday, setting your workweek to start Monday at 12:00 a.m. makes overtime easier to see and calculate. See what is a pay period.
How to Choose Your Workweek
- Match your schedule if you can. If schedules run Sunday to Saturday, start the workweek Sunday at 12:00 a.m.
- Think about overnight shifts. If shifts cross midnight, a start time in the middle of a shift splits hours between workweeks. Choose a start time when few people are working.
- Keep it simple. One workweek for everyone is easiest unless you have a clear reason for different ones.
- Write it down. Put the workweek in your handbook and payroll settings so it's consistent.
- Set it in your time system so overtime calculates correctly.
Overnight Shifts and the Workweek
Hours are counted in the workweek in which they're worked. If your workweek starts Sunday at 12:00 a.m. and an employee works Saturday 10:00 p.m. to Sunday 6:00 a.m., two hours fall in one workweek and six in the next. That's fine, but it can be confusing. Many businesses with night shifts choose a workweek start time, such as Sunday at 6:00 a.m. or a mid-week time, that falls between shifts, so each shift belongs to a single workweek.
Can You Change Your Workweek?
Yes, but carefully. Federal regulations say the start of the workweek may be changed if the change is intended to be permanent, and not designed to evade overtime requirements. Switching workweeks back and forth to avoid paying overtime is not allowed. When you do make a permanent change, the transition week needs special handling for overtime. Talk to your payroll provider before changing, and document why.
Daily Overtime and State Rules
Federal overtime is weekly. Some states add daily overtime. California, for example, generally requires overtime for hours over 8 in a workday as well as over 40 in a workweek, plus double time in some situations. In states with daily overtime, the definition of a workday matters too. See overtime laws by state and the California overtime law guide.
Common Workweek Mistakes
- Calculating overtime by pay period instead of by workweek.
- Averaging hours across two weeks.
- Moving hours from a long week to a short one to avoid overtime.
- Changing the workweek to avoid overtime.
- No defined workweek, so different managers count differently.
- Time system set to the wrong start day, so overtime is calculated on the wrong hours.
- Ignoring state daily overtime.
Workweek and Comp Time
Some employers try to give extra time off in a later week instead of paying overtime. For private-sector employers, compensatory time off in place of overtime pay is generally not allowed for non-exempt employees; it's mainly available to certain public-sector employers under specific conditions. Overtime earned in a workweek should normally be paid on the regular payday for that pay period. See is comp time legal instead of overtime.
A Simple Workweek Policy
[Company] Workweek
Our workweek runs from [day] at [time] to [day] at [time]. All hours worked during this period count toward overtime for that week.
Non-exempt employees will be paid overtime of at least one and a half times their regular rate for all hours worked over 40 in a workweek[, and as required by state law].
Hours are recorded in the workweek in which they are worked. Hours are never moved between workweeks.
Questions? Contact [name/role].
How to Check Your Setup
- Confirm what your handbook says your workweek is.
- Check that your time clock and payroll system use the same start day and time.
- Pick a recent pay period and recalculate overtime by workweek.
- Look for any employee whose hours were above 40 in one week and below in another.
- Fix any differences and pay what's owed.
Worked Example: Biweekly Payroll With Two Workweeks
A business pays every other Friday, and its workweek runs Sunday 12:00 a.m. to Saturday 11:59 p.m. An employee earning $20 an hour works the following hours in one pay period:
| Workweek | Hours | Regular hours | Overtime hours | Pay |
|---|---|---|---|---|
| Week 1 (Sun to Sat) | 46 | 40 | 6 | 40 × $20 + 6 × $30 = $980 |
| Week 2 (Sun to Sat) | 36 | 36 | 0 | 36 × $20 = $720 |
| Pay period total | 82 | 76 | 6 | $1,700 |
If overtime were wrongly calculated by pay period, the employee would get only 2 overtime hours (82 minus 80), and be underpaid. The correct pay is $1,700, not $1,660. Small differences like this add up quickly across a team and a year.
Semimonthly Pay Periods and Workweeks
Semimonthly payroll, such as the 15th and the last day of the month, makes workweeks even trickier, because pay periods don't line up with weeks. A workweek may start in one pay period and end in the next. In that case, overtime for the workweek can only be calculated once the workweek ends. The Department of Labor says overtime should normally be paid on the regular payday for the pay period in which it was earned; when the amount can't be calculated in time, federal rules allow it to be paid as soon as practicable after that. Talk to your payroll provider about how your system handles split workweeks.
| Pay frequency | Workweeks per pay period | Overtime watch-out |
|---|---|---|
| Weekly | 1 | Simple: workweek and pay period usually match |
| Biweekly | 2 | Calculate each week separately |
| Semimonthly | About 2.2, with split weeks | Workweeks often cross pay periods |
| Monthly | About 4.3, with split weeks | Same as semimonthly, but more weeks to check |
Workweeks for Employees at Multiple Locations or Jobs
If an employee works at two locations, or in two different roles for the same employer, hours from both generally count together in the same workweek for overtime. Splitting them into separate timesheets doesn't change the total. If the roles pay different rates, the regular rate for overtime is generally the weighted average of those rates for the week. See the cross-training guide for more on employees who cover multiple roles.
Setting the Workweek in Your Time System
Most time clock and payroll systems let you set the workweek start day and time. Check it during setup and again whenever you change systems. A system set to start the week on Monday while your handbook says Sunday will calculate overtime on the wrong hours, and the error may go unnoticed for months. A quick test: pick one employee who worked a long week recently and recalculate their overtime by hand using your official workweek. If the numbers don't match, fix the setting before the next payroll.
Communicating the Workweek to Your Team
Employees, especially those who pick up extra shifts, should know when the workweek starts and ends. It helps them understand their pay stubs and plan their hours. Include the workweek in your handbook, mention it during onboarding and post it near the time clock if you have one. Clear information prevents questions like "why didn't I get overtime when I worked 45 hours over Saturday and Sunday?" when those days fall in different workweeks.
Workweek Questions From Employees
"I worked 45 hours over two weeks. Why no overtime?" Overtime is based on each workweek separately. If neither week went over 40, no federal overtime is due, unless your state has daily overtime.
"I worked Saturday and Sunday back to back for 20 hours. Is that overtime?" Only if it pushed one workweek over 40, or your state has daily overtime. If Saturday and Sunday fall in different workweeks, each day counts toward its own week.
"Can I work extra this week and less next week instead of overtime?" Not for non-exempt employees in the private sector. Hours over 40 in a workweek earn overtime, and time can't be traded between weeks.
Workweek Checklist
| Check | Done? |
|---|---|
| Workweek start day and time written in the handbook | |
| Time clock and payroll use the same workweek | |
| Overtime calculated by workweek, not pay period | |
| Overnight shifts handled consistently | |
| State daily overtime rules checked | |
| Employees know when the workweek starts |
Why Getting This Right Protects Your Business
Workweek mistakes usually aren't intentional. They come from payroll software defaults, a manager who averages hours "to be fair" or a schedule that changed without anyone updating the time system. But the result is the same: underpaid overtime that can add up over months. A few minutes to confirm your workweek, set it correctly and explain it to managers prevents a problem that's much harder to fix after the fact.
Track Hours by Workweek With Updoot
Updoot's employee time clock records every punch to the minute, and the payroll report shows regular hours, overtime and PTO for every employee each pay period, so you can see exactly where overtime falls. Watching hours as the week goes on also helps you plan around overtime before it happens. See the overtime tracker for a free tool.
Sources
- U.S. DOL: Fact Sheet #23, Overtime Pay Requirements of the FLSA
- eCFR: 29 CFR 778.105, Determining the Workweek
- eCFR: 29 CFR 778.106, Time of Payment
- U.S. DOL: Overtime Pay
- California DIR: Overtime FAQ
- U.S. DOL: Fact Sheet #7, State and Local Governments Under the FLSA (comp time)