Employer Averages Your Hours Over Two Weeks to Avoid Overtime? Each Workweek Stands Alone
At a glance
Employer Averages Your Hours Over Two Weeks to Avoid Overtime? Each Workweek Stands Alone: key takeaways
A visual summary of this post's main points. Read the article for context and limits.
Key point 1
Under the FLSA, overtime is figured one workweek at a time, so 50 hours one week and 30 the next is still 10 hours of overtime for the first week
Key point 2
An employer cannot average two or more weeks together to erase overtime, even if your total hours over the period equal 80
Key point 3
A workweek is a fixed, repeating period of 168 hours, and your employer cannot move the start time to dodge overtime
Some employers tell hourly workers that overtime "evens out": you worked 50 hours this week, but only 30 next week, so the two weeks average to 40 and no overtime is owed. For most workers covered by federal wage law, that is not how overtime works.
In this article
Key takeaways
Under the FLSA, overtime is figured one workweek at a time, so 50 hours one week and 30 the next is still 10 hours of overtime for the first week
An employer cannot average two or more weeks together to erase overtime, even if your total hours over the period equal 80
A workweek is a fixed, repeating period of 168 hours, and your employer cannot move the start time to dodge overtime
Giving you time off later instead of overtime pay is limited for private employers
Save your weekly hours, pay stubs and schedule so you can compare each week to what you were paid
Each Workweek Stands Alone
The Department of Labor overtime page and Fact Sheet #23 explain that covered, non-exempt employees must be paid at least one and one-half times their regular rate for hours over 40 in a workweek. The federal rule at 29 CFR 778.104 says each workweek stands alone. Hours cannot be averaged over two or more weeks. If you worked 50 hours in week one, you are owed overtime for 10 hours for that week, no matter how few hours you worked in week two.
Common Averaging Tricks
Two-week average
"You worked 80 hours over two weeks, so there is no overtime." Overtime is still owed for any week over 40 hours.
Cutting hours next week
Sending you home early the following week does not cancel overtime you already earned.
Moving the workweek
An employer can set a fixed workweek, such as Sunday through Saturday, but it is meant to be a repeating 168-hour period, not something moved around to split busy stretches.
Time off instead of pay
Promising a day off later is not the same as overtime pay. See our guide to <a href="/blogs/comp-time-instead-of-overtime-pay-private-employer-flsa-rules" class="text-primary underline">comp time instead of overtime pay</a>.
Shaved or rounded hours
Overtime can also vanish from the clock itself. Read about <a href="/blogs/time-clock-rounding-shaved-minutes-flsa-rules-and-back-pay" class="text-primary underline">time clock rounding and shaved minutes</a>.
Are Any Two-Week Rules Legal?
Some narrow exceptions exist, such as the 14-day work period for hospitals and residential care establishments under the FLSA, and certain firefighters and police officers in public agencies. They are specific and have conditions, and they do not let an ordinary private employer average two weeks. Your pay type and job duties also matter, so see our post on overtime pay and what you may be owed.
What To Do If Overtime Was Averaged Away
Write down your hours for each week and compare them to the hours and overtime shown on each pay stub. Keep schedules, texts and clock-in records. Employers must keep time and pay records, as the recordkeeping fact sheet explains, and if yours are missing, read how to prove hours without employer records. You can ask the Wage and Hour Division about a claim through its complaint information page, and our guide on recovering unpaid wages covers next steps.
Free Case Review
If your employer averaged your hours across weeks and you were not paid overtime for a week over 40 hours, our team can review the facts at no cost, if you are eligible.
Can my employer average my hours over two weeks?
Generally no. Under the FLSA, overtime is calculated for each workweek separately, so a light week does not erase overtime from a heavy week.
What if my total over two weeks is only 80 hours?
If you worked more than 40 hours in either week, overtime is still owed for those extra hours at one and one-half times your regular rate.
Can my employer choose when the workweek starts?
Yes, within limits. The workweek is a fixed, repeating 168-hour period, and it should not be changed just to avoid paying overtime.
Are there jobs where a 14-day period is allowed?
Yes, a few, such as certain hospital and residential care employers that follow specific rules. Most private employers cannot use a two-week average.
Primary Sources
- U.S. Department of Labor: Overtime PayAccessed November 13, 2026
- U.S. Department of Labor: Fact Sheet #23, Overtime Pay Requirements of the FLSAAccessed November 13, 2026
- eCFR: 29 CFR 778.104, Each workweek stands aloneAccessed November 13, 2026
- U.S. Department of Labor: Fact Sheet #21, Recordkeeping Requirements under the FLSAAccessed November 13, 2026
- U.S. Department of Labor: Contact the Wage and Hour Division to file a complaintAccessed November 13, 2026
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