Under the Fair Labor Standards Act, covered employers must pay non-exempt employees overtime wages for hours worked in excess of forty in a workweek. To comply, while employers must define the workweek, they retain the flexibility to do so as they see fit, as demonstrated by venerable Brooklyn-based federal Judge Jack Weinstein in a new

Employees may have an understanding of their own “work week” for various employment purposes based on different business practices or employer scheduling.  However, with respect to calculating hours worked for purposes of determining overtime pay under the FLSA, DOL regulations simply require that an employer designate and use a standard work week for a given

Under the FLSA, entitlement to overtime pay for non-exempt employees is analyzed on a workweek basis, however, an employee must have a fixed and regularly recurring 168-hour workweek. 29 C.F.R. §§ 778.104, 105. The regulations do contemplate that an employer may modify the workweek on a prospective basis, provided the “change is intended to be permanent and