An employee's workweek is a fixed and regularly recurring period of 168 hours—seven consecutive 24-hour periods. It need not coincide with the calendar week but may begin on any day and at any hour of the day. For purposes of computing pay due under the Fair Labor Standards Act, a single workweek may be established for a plant or other establishment as a whole or different workweeks may be established for different employees or groups of employees. Once the beginning time of an employee's workweek is established, it remains fixed regardless of the schedule of hours worked by him. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade the overtime requirements of the Act. The proper method of computing overtime pay in a period in which a change in the time of commencement of the workweek is made, is discussed in §§ 778.301 and 778.302.
Notes of Decisions
Johnson v. Heckmann Water Resources (CVR), Inc., 758 F.3d 627 (5th Cir. 2014).
· cites it 5× “Once the beginning time of an employee’s workweek is established, it remains fixed regardless of the schedule of hours worked by him. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade the overtime requirements of…”
Jennifer Jenkins v. S. David Anton, PA, 922 F.3d 1257 (11th Cir. 2019).
· cites it 2× “When asked whether he had a regularly recurring period of seven days that would amount to a workweek, Employer said he was "not sure.”
Giguere v. Port Resources Inc., 927 F.3d 43 (1st Cir. 2019).
· cites it 3× “The memorandum defined "workweek" as "seven consecutive 24-hour periods," citing 29 C.F.R. § 778.105 , id. , which provides that an employee's workweek "need not coincide with the calendar week," but once the employer has established when the workweek begins, the workweek's span…”
Kerbes v. Raceway Assocs., LLC, 961 N.E.2d 865 (Ill. App. Ct. 2011).
· cites it 3× “400 (2010), with 29 C.F.R. § 778.105 (2011). Nevertheless, the CFR also provides that the beginning of an employee's workweek may be changed "if the change is intended to be permanent and is not designed to evade the overtime requirements of the Act.”
Kerbes v. Raceway Assocs., 2011 IL App (1st) 110318 (Ill. App. Ct. 2011).
· cites it 3× “400 (2010), with 29 C.F.R. § 778.105 (2011). Nevertheless, the CFR also provides that the beginning of an employee’s workweek may be changed “if the change is intended to be permanent and is not designed to evade the overtime requirements of the Act.”
Seymore v. Metson Marine, Inc., 17 Wage & Hour Cas.2d (BNA) 1069 (Cal. Ct. App. 2011).
· cites it 3× “For purposes of computing pay due under the [FLSA], a single workweek may be established for a plant or other establishment as a whole or different workweeks may be established for different employees or groups of employees.”
William Hornady v. Outokumpu Stainless USA, LLC, 118 F.4th 1367 (11th Cir. 2024).
“” 29 C.F.R. § 778.105 . “Once the beginning time of an employee’s workweek is established, it remains fixed regardless of the schedule of hours worked by him.”
Abshire v. Redland Energy Servs., LLC, 695 F.3d 792 (8th Cir. 2012).
· cites it 3× “The employees appeal, arguing that the district court misinterpreted § 207(a)(1) and an implementing regulation, 29 C.F.R. § 778.105 , and that disputed issues of material fact made summary judgment inappropriate.”
Eugene Scalia v. State of Alaska, 985 F.3d 742 (9th Cir. 2021).
· cites it 5× “STATE OF ALASKA 3 Act regulation 29 C.F.R. § 778.105 when it granted employees “a total of 12 workweeks of leave” under the FMLA.”
Flores v. Lifeway Foods, Inc., 289 F. Supp. 2d 1042 (N.D. Ill. 2003).
“See 29 C.F.R. § 778.105 (discussing how to determine a work week for purposes of the FLSA).”
Huntington Mem'l Hosp. v. Superior Court, 2005 Cal. Daily Op. Serv. 6813 (Cal. Ct. App. 2005).
“) And even though the use of short-shift pay may be customary in the healthcare industry, “ ‘The Fair Labor Standards Act was not designed to *911 codify or perpetuate [industry] customs .”
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