Debunking the Myth: Employers Can’t Average Hours to Dodge Overtime

Many employees have heard the claim that employers can simply average your hours over several weeks to determine overtime eligibility. Let’s set the record straight: the Fair Labor Standards Act (FLSA) is crystal clear on this matter.

The Real Deal on Overtime Calculations

Myth: Employers can spread your work hours across two or more weeks to mask overtime hours.

Reality: The FLSA mandates that overtime is calculated on a weekly basis, no matter how your pay periods are structured. Each week is its own entity—if you clock more than 40 hours in any given week, you're owed overtime pay for the extra hours worked.

A Closer Look with a Fictional Example

Consider Sarah Lee, who works part-time at a retail store. On average, she works 20 hours per week. However, one week, Sarah’s schedule ramps up to 35 hours, and the following week, it increases to 45 hours. If her employer attempts to average these hours out to 40 per week, hoping to sidestep overtime pay, the law won't allow it. Under the FLSA, Sarah is entitled to overtime compensation for the 5 extra hours she put in during that second week.

Why This Matters

This rule ensures that every week is judged independently, protecting you from having your hard work diluted across multiple weeks. It reinforces the principle that if you exceed 40 hours in a week, you deserve to be paid for every extra minute.

If you suspect that your overtime rights are being overlooked or if you have questions about how your hours should be calculated, remember that you’re not alone. Knowing your rights is the first step toward ensuring fair treatment at work.