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Under the FLSA, a work week is defined as any seven day consecutive period. The starting and ending point for each work week is set and defined by the employer. But remember--once an employer sets the work week they can't change it to avoid paying you overtime. Overtime must be computed on a week by week basis. This means that each week stands alone under the FLSA and working time cannot be averaged between two weeks. So, if an employee works on a two week pay period, he or she is entitled to be paid overtime for every overtime hour worked in each of those work weeks. As an example, let's say you work 50 hours in week 1, but in week 2 you only work 30 hours. You would still be entitled to be paid your overtime for the 10 hours of overtime that you worked in week 1 even though the average of the two weeks is 40 hours per week.
Hiring an attorney experienced with the Fair Labor Standards Act (FLSA) is the first step in protecting your overtime rights.
The Fair Labor Standars Act or the FLSA defines work as time spent performing job related activies which benefit your employer.
An employer can not manipulate the work week to avoid paying overtime. However, it is legal for your employer to adjust your work shift during a work week to avoid having you work overtime.
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