§ 3.2.13 The Workweek. The FLSA does not specify any unit of time over which the amount of compensation can be averaged against the number of hours worked to determine whether the average compensation equals the required minimum wage or is applicable to overtime pay. Instead, the FLSA speaks in terms of the payment of minimum wage "in any workweek."85 In this regard, the workweek is considered any seven consecutive days, whether it be based upon a calendar week or any seven-day variation thereof.86 This means that an employer may commence a workweek for purposes of compensation at any time during any day of the week.
The workweek and the pay period may not necessarily be the same. For example, employers may utilize a two-week or semi-monthly pay period, which does not govern the requirements for minimum wage and overtime.87
The "fluctuating workweek method" is available as an alternative method to calculate pay for nonexempt employees whose hours vary from week to week. The applicable regulations require that: (1) There is a clear mutual understanding between the parties; (2) The employee's hours worked fluctuate from week to week; (3) The employee receives the same fixed salary regardless of the number of hours...
