Omar Bennett
The Fair Labor Standards Act (FLSA) defines a workweek as a fixed and regularly recurring period of 168 hours, or seven consecutive 24-hour periods. This definition is important for determining overtime pay, which is due for non-exempt employees who work more than 40 hours in a single workweek. The workweek need not coincide with the calendar week and can begin on any day and at any time, as long as it remains consistent. The FLSA also sets basic minimum wage standards and regulates the employment of minors, but it does not limit the number of hours worked in a day or week, nor does it require meal or break periods.
| Characteristics | Values |
|---|---|
| Workweek duration | 168 hours (7 consecutive 24-hour periods) |
| Workweek flexibility | Can begin on any day and at any time, but must remain fixed once established |
| Overtime | Required for non-exempt employees working over 40 hours in a single workweek |
| Compensation | Employees must receive at least minimum wage and overtime pay for hours worked over 40 in a week |
| Rest periods | Short breaks (20 minutes or less) are common and paid; bona fide meal periods (30 minutes or more) are generally not compensated as work time |
| On-call time | Paid work time |
| Sleep time | Employees on duty for 24 hours or more can agree to exclude up to 8 hours of sleep time from hours worked |
| Training | Employees can be required to spend up to 10 hours/week in remedial training without overtime pay, but must receive normal wages |
| Travel | Ordinary home-to-work travel is not work time; travel during the workday, e.g., job site to job site, is work time |
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Workday definition
The US Department of Labor provides a statutory definition of the term "workday" in the context of the Fair Labor Standards Act (FLSA). According to the Department of Labor, a "workday" generally refers to the period between the time an employee commences their "principal activity" on a particular day and the time they cease such activity or activities on that same day.
The FLSA outlines regulations regarding compensable time, wages, and overtime pay. Under the FLSA, employees must receive at least the minimum wage and cannot be employed for more than 40 hours in a week without receiving overtime pay. This overtime pay must be at least one and a half times their regular rate of pay for the overtime hours worked.
The term "workday" is distinct from the term "workweek," which is also defined under the FLSA. A "workweek" refers to a fixed and regularly recurring period of 168 hours, consisting of seven consecutive 24-hour periods. The workweek need not coincide with the calendar week and can begin on any day and at any hour, as determined by the employer. This flexibility allows employers to establish workweeks that align with their operational needs while complying with FLSA requirements.
It is important to note that the FLSA does not regulate all employment practices. For example, it does not provide procedures for wage payment or collection beyond the minimum wage requirements. Additionally, the FLSA does not limit the number of hours an employee can be required to work in a day or week, including overtime hours, if the employee is 16 years of age or older. These specific details are typically agreed upon between the employer and the employee or their authorized representatives.
The FLSA also provides guidelines for rest periods, meal periods, and travel time. Rest periods of short duration, usually 20 minutes or less, are considered paid working time. Bona fide meal periods, typically 30 minutes or longer, are generally not compensated as work time, provided that the employee is completely relieved from duty during this time. Additionally, ordinary home-to-work travel is not considered work time, but travel during the workday, such as job site to job site, is considered work time and must be counted as hours worked.
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Rest periods
While the Fair Labor Standards Act (FLSA) does not require meal or break periods, federal law does consider short breaks—those lasting 5 to 20 minutes—as compensable work hours that must be included in the sum of hours worked during the workweek. These short breaks are common in industry and are customarily paid for as working time. Bona fide meal periods, on the other hand, typically lasting at least 30 minutes, are not considered work time and are not compensable. During meal periods, employees must be completely relieved from duty for the purpose of eating regular meals.
When employers offer short breaks, unauthorized extensions of these breaks need not be counted as hours worked if the employer has expressly and unambiguously communicated to the employee that the break may only last for a specific length of time, and any extension of the break will be punished.
In the case of employees who are required to be on duty for 24 hours or more, they may agree with the employer to exclude from hours worked bona fide regularly scheduled sleeping periods of not more than 8 hours, provided that adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted night's sleep. No reduction is permitted unless at least 5 hours of sleep is taken.
Additionally, attendance at lectures, meetings, training programs, and similar activities need not be counted as working time if four criteria are met: it is outside normal hours, it is voluntary, it is not job-related, and no other work is concurrently performed.
It is worth noting that the FLSA defines a workweek as a fixed, regularly recurring period of 168 hours, or seven consecutive 24-hour periods, that the employer expressly adopts to maintain FLSA compliance. This workweek can be set to begin on any calendar day and at any time of day, but it must then be applied consistently by the employer in complying with the FLSA.
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Travel time
The U.S. Department of Labor (DOL) has specific regulations about what constitutes compensable work time, especially when it comes to travel. The rules on travel hours of work depend on whether an employee is covered by or exempt from the Fair Labor Standards Act (FLSA).
For FLSA-covered employees, normal commuting time from home to work and back again at the end of the day is not considered part of their principal work activity and is not counted as compensable work time. This is true even if the employee is driving a company vehicle, unless they are required to perform substantial work under the control and direction of the employing agency. However, if an employee is required to travel for a one-day assignment in another city, all travel time to and from the destination—less the time the employee would have spent commuting to their regular work site—is counted as time worked and must be paid under the "special one-day assignment" rule.
For FLSA-exempt employees, the crediting of travel time as hours worked is governed by title 5 rules. Travel time is credited as hours worked if it is qualifying hours under title 5 rules or OPM's FLSA regulations. Exempt employees are not entitled to overtime pay, so their employers can require them to travel outside of normal work hours without additional compensation. However, some employers choose to provide extra pay or compensation time for exempt employees who travel extensively, even though it is not legally required.
In general, time spent traveling during what would be an employee's normal work hours is compensable, even if it is on a weekend or a day they don't usually work. There are exceptions to this rule: if the employee is doing actual work while traveling (such as answering emails or taking calls), or if the travel is an extension of their work activity (such as a pilot flying a plane), then all that time is compensable. Additionally, if an employee is required to travel as a passenger on an overnight assignment during hours on non-workdays that correspond to regular working hours, this is considered compensable work time.
For both FLSA-exempt and nonexempt employees, travel is compensable for purposes of meeting the daily and weekly overtime standards when it involves the performance of work while traveling (e.g. as a chauffeur or courier), is carried out under arduous and unusual conditions, or results from an event that could not be scheduled or controlled administratively.
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Child labor regulations
Federal and state laws have child labour provisions that ensure workers under 18 are protected from exploitation. The federal child labour provisions of the Fair Labor Standards Act of 1938 (FLSA) were enacted to ensure that when young people work, the work is safe and does not jeopardize their health, well-being or educational opportunities. These provisions also provide limited exemptions.
Federal law states that 14- and 15-year-olds cannot work over 8 hours a day, with no more than 3 hours on a school day, and over 40 hours a week, with no more than 18 hours per week while in school. Minors are also not allowed to work before 7 a.m. or after 7 p.m., except between June 1 and Labour Day when the evening hour is extended to 9 p.m. This age group cannot work during school hours. No federal laws restrict how many hours 16- to 18-year-olds can work. However, most states have their own laws regarding the number of hours a child can work. As stated before, the stricter law always protects the child. Federal law prohibits tasks and jobs deemed too dangerous for children.
The FLSA establishes the child labour provisions for the employment of young workers. 29 CFR Part 570 outlines the regulations of the child labour provisions under the FLSA. elaws Advisors on Child Labor Rules provides guidelines for the employment of young workers in most jobs.
If you need to report a child labour law violation, you can file a complaint with the Department of Labor's Wage and Hour Division. These complaints are completely confidential, and federal law prevents employers from retaliating against a worker for filing a complaint or cooperating with an investigation.
In recent years, there has been a rise in child labour violations and a push to weaken child labour protections at the state level.
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Overtime pay
The Fair Labor Standards Act (FLSA) sets the basic standards for overtime pay and defines a workweek as a "fixed and regularly recurring period of 168 hours—seven consecutive 24-hour periods". This workweek is not necessarily the same as a calendar week or an employee's scheduled week or pay period. The beginning of the workweek can be set to any day and time, but it must remain fixed unless a permanent change is made. This workweek is essential for determining overtime pay.
For employees who work in hospitals or residential care establishments, a 14-day work period can be adopted with the agreement that they receive time and a half of their regular rates for hours worked over eight in a day or 80 in the 14-day work period. Similarly, public agency fire departments and police departments can establish a work period ranging from seven to 28 days, with overtime pay requirements after a specified number of hours.
It's worth noting that the FLSA does not regulate all employment practices. For example, it does not provide procedures for final wage payments or limit the number of hours worked in a day or week, as these matters are typically agreed upon between the employer and employee. Additionally, the FLSA does not require meal or break periods, but regulations distinguish between paid rest periods and unpaid meal periods.
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Frequently asked questions
A workweek is a fixed and regularly recurring period of 168 hours, or seven consecutive 24-hour periods. It need not coincide with the calendar week but may begin on any day and at any hour of the day.
Working hours include all time during which an employee is necessarily required to be on the employer's premises, on duty, or at a prescribed workplace. Rest periods of short duration (usually 20 minutes or less) are also considered working hours and must be compensated. Bona fide meal periods, during which the employee is relieved from duty, are generally not considered working hours.
Yes, certain industries may adopt different workweek structures. For example, hospitals and residential care establishments may implement a 14-day work period instead of the standard 7-day workweek if specific conditions are met. Additionally, public agency fire departments and police departments can establish work periods ranging from 7 to 28 days for calculating overtime pay.
Overtime pay is generally calculated based on the number of hours worked over 40 in a single workweek. The workweek definition helps determine the applicable pay rates and ensures compliance with the Fair Labor Standards Act (FLSA). Employers must select and document at least one such workweek for record-keeping purposes.
