Biweekly Overtime: Each Workweek Stands Alone
Many small businesses pay every two weeks and look at the 80-hour total. Under federal law that is a mistake.
The rule
The FLSA "takes a single workweek as its standard and does not permit averaging of hours over 2 or more weeks" (29 CFR 778.104). Overtime is owed for hours over 40 in each workweek (U.S. DOL Fact Sheet #23).
Example
An employee earning $20.00/hour works 36 hours in week 1 and 46 hours in week 2 (82 hours total).
| Correct (per week) | Wrong (averaged over 80) | |
|---|---|---|
| Regular hours | 36 + 40 = 76 | 80 |
| Overtime hours | 0 + 6 = 6 | 2 |
| Gross pay | 76 × $20 + 6 × $30 = $1,700.00 | 80 × $20 + 2 × $30 = $1,660.00 |
Averaging underpays this employee by $40.00 for the period.
The biweekly time card calculator does this automatically.
Last reviewed November 2026. This is general information, not legal advice.