SESK: Stuff Everyone Should Know · sesk.info/founder-no-averaging-workweeks
A nonexempt hourly employee works 50 hours one week and 30 the next. How many overtime hours are owed?
10 hours, because each workweek stands alone.
- 0 hours, since they average 40
- 10 hours ✔
- 5 hours, split across two weeks
Why: The FLSA works week by week. Each workweek is a fixed 168-hour period, and averaging hours over two or more weeks is not allowed. The 50-hour week has 10 overtime hours.
Huh, didn't know that: A workweek does not have to match the calendar week; it can start on any day and hour.
Why did the employee refuse to wear a watch on vacation? He didn't want to be on the clock.
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References
Answer: 10 hours. The FLSA works week by week. Each workweek is a fixed 168-hour period, and averaging hours over two or more weeks is not allowed. The 50-hour week has 10 overtime hours.
- DOL Wage and Hour Division: Overtime Pay www.dol.gov/agencies/whd/overtime
Averaging of hours over two or more weeks is not permitted.
Checked 2026-10-11.
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