SESKStuff Everyone Should Know
SESK: Stuff Everyone Should Know · sesk.info/overtime-no-averaging

A covered, nonexempt worker logs 45 hours one week and 35 the next. Do they earn overtime?

Yes, for the 5 extra hours in the first week. Weeks can't be averaged.

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  1. No, it averages out to 40 a week
  2. Yes, for the 5 extra hours in week one ✔
  3. Only if your boss approved it first

Why: Under the Fair Labor Standards Act, covered workers earn at least time and a half for hours over 40 in a workweek. The Labor Department says averaging hours over two or more weeks is not permitted.

Huh, didn't know that: Under the FLSA, each workweek is a fixed period of 168 hours, or seven consecutive 24-hour periods.

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References

Answer: Yes, for the 5 extra hours in week one. Under the Fair Labor Standards Act, covered workers earn at least time and a half for hours over 40 in a workweek. The Labor Department says averaging hours over two or more weeks is not permitted.

  1. Overtime Pay (US Department of Labor, Wage and Hour Division) 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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