Work Week Definition Under FLSA 168 Hour Rule 2026
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The Core Formula
Formula = Fixed 168-Hour Period (7 × 24) → Hours Worked Over 40 = Overtime
The FLSA workweek is a fixed, recurring period of 168 hours — seven consecutive 24-hour days. Once your employer sets it, it stays put. Hours worked over 40 in that fixed window trigger overtime at 1.5× your regular rate.
Step-By-Step: Defining and Using the Workweek
Let me walk through how this actually plays out.
- Identify the start of your workweek. Your employer must define it — for example, Sunday 12:00 a.m. to Saturday 11:59 p.m.
- Total all hours worked in that 168-hour window. Include all departments, all jobs, all shifts.
- Count anything over 40 as overtime. 1.5× your regular rate, no exceptions for salaried non-exempt workers.
- Don’t average across weeks. Working 50 hours one week and 30 the next does NOT average to 40 — you’re owed 10 hours of OT for the 50-hour week.
- Watch for cross-midnight shifts. A shift starting Saturday at 11 p.m. and ending Sunday at 7 a.m. may straddle two workweeks depending on how it’s defined.
Where do people mess this up? They think their “workweek” is Monday–Friday, but legally it’s whatever 168-hour period the employer has designated. If your workweek starts Sunday, those Saturday-night hours belong to the next week’s OT calculation.
2026 Real Case: A Delivery Driver in Georgia
A buddy of mine drives for a regional carrier. His workweek is defined as Monday 12:00 a.m. through Sunday 11:59 p.m. Last week he logged:
| Day | Hours |
|---|---|
| Monday | 9 |
| Tuesday | 9 |
| Wednesday | 8 |
| Thursday | 9 |
| Friday | 8 |
| Saturday | 5 |
Total: 48 hours. That’s 8 hours of overtime at 1.5× his $22 regular rate, or an extra $264 in gross pay. Without knowing the workweek rule, he might have skipped counting Saturday — and lost out on $132 of OT.
For your own numbers, the work hours calculator lets you set the workweek start day and totals OT automatically.
Workweek vs. Pay Period vs. Schedule
| Term | What It Means |
|---|---|
| Workweek | Fixed 168-hour period for OT calculation (FLSA) |
| Pay period | Cycle for issuing paychecks (weekly, biweekly, semimonthly, monthly) |
| Schedule | When you’re assigned to work |
| Workday | 24-hour period defined by the employer |
So what does that mean for you? These four concepts get conflated all the time, but only the workweek determines overtime. A biweekly pay period contains two workweeks — and OT is calculated per workweek, not per paycheck. Check out our overtime pay calculator and the time-and-a-half calculator to test different scenarios.
For background, our writeup on how FLSA overtime works covers the full framework, and our piece on what counts as working hours details which time must be paid.
Frequently Asked Questions
What is the FLSA 168-hour workweek?
The FLSA workweek is a fixed, recurring period of 168 consecutive hours — seven 24-hour days. Employers must define it once and apply it consistently. Any hours worked over 40 in that 168-hour window are paid at 1.5× the regular rate.
Can my employer change my workweek to avoid overtime?
Employers can change a workweek only prospectively and with a genuine, permanent intent — not to dodge overtime in a specific week. Changing the workweek to avoid paying OT in the same pay period is a violation of FLSA regulations.
Can hours be averaged across two workweeks?
No. Overtime is calculated workweek by workweek. Working 50 hours one week and 30 the next does not average to 40 — you are owed 10 hours of overtime for the 50-hour week.
Does a workweek have to start on Monday?
No. The workweek can start on any day and at any time the employer chooses, but it must be a fixed 168-hour period. Once set, it cannot move around to manipulate overtime calculations.
The Bottom Line
The FLSA workweek is a fixed 168-hour window, and any hours over 40 in that window are overtime — no averaging, no exceptions. Know your workweek start, track every hour inside it, and verify your totals with the work hours calculator so your overtime is calculated correctly every single pay period.