The standard workweek is the measure of time used for violations of the FLSA -- including both overtime and minimum wage violations. Understanding what constitutes a workweek is imperative in determining whether you are entitled to unpaid wages.
The workweek is neither the traditional five-day workweek (Monday –Friday) nor does it necessarily start on a Monday. The workweek can be described as seven consecutive and recurring 24-hour periods, totaling 168 hours. An employer has the discretion to establish a workweek, beginning on any day and starting at any hour.
The employer should record and compute an employee’s hours worked on this workweek basis. An employer is required to pay an employee at least minimum wage for each hour worked during the workweek.
An employer is considered to have satisfied the minimum wage requirement if the average non-overtime hourly earnings are equivalent to the regulated minimum wage. However, an employer may not use hourly earnings above the minimum wage in a week to compensate for hourly earnings below the minimum wage in subsequent work weeks. An employer is required to satisfy all FLSA wage regulations for each independent workweek.
Category: General
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