Workweek Legal Definition
13 décembre 2022

An employer can choose the day of the week on which a work week begins. If an employer sets a work week, the work week must generally remain fixed. However, it can be postponed as long as the employer wants the change to be permanent and does not try to avoid paying overtime. 29 CFR 778.105; 29 CFR 778,301; 29 CFR 778,302. The work week must be seven consecutive days, whether or not an employee works on each of those seven days. Let`s say you had employees at work from 7 a.m. Tuesday to Saturday 11pm. You can create a work week that starts at 12:00. Tuesday, but that`s probably during an employee`s shift. In this situation, the first part of the shift could consist of overtime for a work week.

Then, the remainder of the shift would be the start of the employee`s work hours for the next work week. There is no standard work week. Each company can choose its own based on what works best. You can customize both the start day and the start time of the work week. Let`s say your work week starts at 12:00. Sunday to Saturday 23:59. Your business has a bi-weekly payment period that ends on the 15th and last day of each month. To simplify things, let`s say a Sunday is the first day of the month. In this example, your payment period would include two full weeks of work plus the first day of the third work week.

The remaining six days of the third week of work would correspond to the next pay period. Whether an employer should pay for an employee`s overtime depends on each work week. The average of the working weeks cannot be calculated. For example, if an employee works 30 hours one week and 50 hours the next, they must be paid overtime for the 50-hour week, even if the average between the two weeks is 40 hours per week. To determine overtime, employees` hours of work must be calculated weekly, regardless of whether employees work alternately or whether employees are paid weekly, monthly, annually, based on salary, commission, piece work or a lump sum. 29 CFR 778,104. Since overtime and wages are based on the work week and not the calendar week, you must have a fixed work week. If you pay weekly or bi-weekly, your work week and pay period are likely to match. Federal overtime regulations are included in the Fair Labour Standards Act (FLSA). With some exceptions, workers covered by the law must receive overtime pay for hours worked in a working week of more than 40 years, at least equal to working time and half of their normal wage.

The law does not limit the number of hours employees 16 years of age and older can work each work week. The law does not require overtime pay to work on Saturdays, Sundays, public holidays or normal rest days, unless overtime is worked on those days. Employers should also review all applicable laws of any state or other jurisdiction to determine if there are any workweek requirements or restrictions that are different or stricter than the FLS. If you change your company`s work week, you should intend it to be a permanent change. If you change your work week frequently, it may seem like you`re trying to avoid paying overtime. An employer may have more than one work week under the RSA, and the work week does not have to be the same for each group of employees or for each location. It is possible to establish different weeks of work in FLSA for different groups, for different places or even for different people. Different patterns or patterns of work in different segments of the workforce can sometimes make it advantageous to introduce a different work week for a particular group or location, or even for some specific employees. Setting a day and week of work is one of the most basic tasks for meeting wages and hours, but employers often don`t pay attention to it. If you have any questions about your company`s working day or week, or any other employment law matter, please contact one of our lawyers: Daniel F.

Pyne III Karen Reinhold Ernest M. Malaspina Richard M. Noack Shirley Jackson However, states also have the power to increase the overtime formula, And again, the employee is entitled to more generous wage and hour protection. California, for example, requires an employer to pay overtime in more circumstances than federal law requires, and even pay double overtime in some situations. The state stipulates that a day`s work is equivalent to eight hours and requires overtime for employment of more than eight hours per working day or more than six days per work week. In California, overtime pay must be paid as follows: The workday ends when an employee no longer performs his or her job duties. A workday does not always end when a scheduled shift is over or a certain number of hours have passed. If an employer requests or insists that an employee continue to perform their duties after the end of their shift, these hours also count, including cleaning or closing duties. All hours an employee works for his or her employer are counted, and if the number exceeds 40 in a work week, the employee is entitled to one and a half hours for overtime. There are no working days and weekends for payroll. Every day must be taken into account when paying employees. That`s why it`s important to know the true definition of the work week.

So what is a work week? A work week is a fixed and recurring period of 168 hours. In other words, a work week consists of seven consecutive 24-hour periods. As soon as a work week ends, a new work week begins. Each company can choose its own work week, including start and end days and times. Your company`s work week may be different from the neighboring company`s work week. Many people think that a work week is Monday to Friday, from 9 a.m. to 5 p.m. But while this is a very typical 40-hour week for some U.S. office workers, it`s by no means universal or mandatory. Some people work four 10-hour days, others spend most of the hours on weekends. Once you have selected a work week, document it.

You should have a record of the work week you use for your employees. You must have a criminal record in case you are accused of non-compliance in the future. You can have several weeks of work in your company. You can create work weeks to account for work patterns for different groups, positions, and locations. Each employee should be subject to a specific and fixed work week. If you have a different payment frequency, the payment period can split a work week into two paychecks. In this case, the salary for one week of work, including overtime pay, is divided into two paychecks. They always calculate overtime pay based on the work week, not the pay period.

For example, some state laws impose notification requirements that may be affected by a change in the work week. The overtime rate of an employee who works more than 40 hours during a work week is one and a half hours of his usual hourly rate. This is influenced by another aspect of federal wage and hour protection: minimum wage laws. The federal minimum wage law applies to adult workers throughout the country, but states also have the power to set minimum wages. The rule of thumb is that an employee is entitled to the highest rate of pay.