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What is a Week for Calculating Overtime Pay?

Non-exempt employees must be paid time and a half for hours worked over 40 in a week.  There is sometimes confusion about how to count a week, especially in cases where workers are paid every other week or bi-monthly.

For overtime purposes, a week is any single period of seven consecutive days.  This usually runs from Sunday through Saturday for most employers.  It does not have to start on a Sunday, but it has to start on the same day every week.

Overtime is not averaged over multiple weeks, even if you are paid every two weeks instead of weekly.  This means you might be owed overtime even if you worked less than 80 total hours in a two-week period.  In a two week paycheck, however, the company will report your total hours, not your hours per week. 

If your schedule varies, this can be confusing to keep track of.  For example, if you are a restaurant or retail worker who is assigned different shifts each week, you may work six shifts between Sunday and Saturday one week and only four the next.  Assuming your employer starts the week on a Sunday, you will want to know the hours you put in the first week as they could easily exceed 40.


Learn more here about calculating overtime pay under Massachusetts and federal law.

Need Help With an Overtime Question?

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What is a Week for Calculating Overtime Pay?

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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog