Work Week Overview

A work week is seven consecutive 24-hour periods set by an employer, totaling 168 hours in a work week.

The work week can start on any day of the week. For example, some employers may choose to start their company's work week on Monday and end on Sunday, while others will start on Thursday and end on Wednesday.

On an individual basis, a work week can mean the number of hours an employee works during seven consecutive 24-hour periods. For example, most full-time salaried employees work 40 hours out of a 168-hour period.

For hourly employees, any additional time worked beyond 40 hours during a workweek  is classified as overtime pay  and paid at an increased rate.

Meanwhile,  salaried employees  , also called “exempt” employees, have no limit on the hours they can work in a workweek; they receive a fixed salary no matter how many hours they work.

How long is the work week?

A work week is 168 hours and this limit must not be exceeded.

For individual employees, a workweek is as long as the hours they are scheduled to work during that period. For part-time employees, their number of hours can vary greatly, but they must be less than 40 hours a week to be considered part-time. In the case of full-time employees, a standard workweek is set at 40 hours by US law.

How is the work week defined under the FLSA?

 According to  the Fair Labor Standards Act (FLSA) , a workweek is defined as a fixed, recurring period of time totaling 168 hours (seven 24-hour days).

Why is the work week important?

The workweek is an important distinction that forces employers to define overtime pay and remain compliant with the FLSA.

overtime pay

The workweek is the basis for determining the total overtime pay payable to employees under the FLSA. Employers cannot determine overtime compensation based on how many hours an employee works during a pay period (which often covers two weeks). If this were the case, employers would only provide pay for hours in excess of 80 during a two-week pay period.

To measure work time on a workweek basis, employers are required to pay their non-exempt employees the overtime rate for any hours worked after the first 40 hours of each workweek.

FLSA Compliance

Employers must adhere to this workweek definition to remain FLSA compliant. A noncompliance conviction can result in  a fine of up to $10,000  , and a second conviction can result in imprisonment for the guilty employer.

Can I change my company's work week?

You can change your business's work week, but there must be a valid reason to do so. For example, let's say your business was previously closed on Monday, and you used that as the start of your work week. Then, you decide to stay open on Monday and close on Saturday. In that case, you would want to change the start of your work week to Saturday.

Caution: Frequently changing the work week may make it seem like you're trying to avoid paying overtime pay to your employees.

When was the workweek invented?

Elements of the current work week (typically 40 hours a day, five days a week) already existed before the FLSA became official. While calls for an eight-hour work day  began as early as the mid-1800s  , the first major company to adopt a standard 40-hour work week was Ford Motors in 1926.

The defined work week that is followed today in the United States was invented  in 1938 after the enactment of the FLSA  , which was designed to support the health and well-being of factory workers. In the act, a 44-hour work week was established as law, but this was later amended to 40 hours in 1940.

How do I choose when to start my work week?

Employers must begin their company's official work week on the day their employees do not work. Payroll is much easier to calculate when your employees are not actively working hours.

For example, let's say your business is open Tuesday through Sunday from 11 a.m. to 7 p.m. While technically the work week for your employees will begin on Tuesday, having the official start on Monday will make it easier to distinguish overtime hours from regular hours.

Using Multiple Work Weeks

But what if your business operates seven days a week? The best way to deal with this problem is to create different work weeks for different groups of employees.

For example, let's say your business has three different work schedules: Monday through Friday, Tuesday through Saturday, and Wednesday through Sunday. Each of these work schedule groups can have different work weeks, starting on Sunday, Monday, and Tuesday, respectively. This will allow you to calculate overtime and regular pay on the days those employees don't work.