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ARTICLE · 10 JANUARY 2017

Establishing "Workweeks" For Exempt Employees

Fisher Phillips LLP
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An FLSA workweek is a fixed, regularly-recurring period of seven, consecutive, 24-hour periods that management expressly adopts for FLSA purposes.

United StatesEmployment and HR
John Thompson
John Thompson
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We have written previously about how important the "workweek" concept is in complying with the federal Fair Labor Standards Act's minimum-wage and overtime requirements. 

An FLSA workweek is a fixed, regularly-recurring period of seven, consecutive, 24-hour periods that management expressly adopts for FLSA purposes.  Employers must select and document at least one such workweek (or a "work period" in limited situations) for their non-exempt workers.  29 C.F.R. § 516.2(a)(5).

What About Exempt Employees? 

It is important to remember that this same obligation also applies with respect to many employees who are exempt from the FLSA's minimum-wage and/or overtime provisions. 

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