Employment Law Practice Exam

How is a "workweek" defined under the Fair Labor Standards Act?

1. Any fixed and reoccurring period of 5 consecutive days.

2. Any fixed and reoccurring period of 7 consecutive days.

3. The same as a calendar week.

4. Includes all days during a calendar week on which work is performed.

The correct answer is: Any fixed and reoccurring period of 7 consecutive days.

The definition of a "workweek" under the Fair Labor Standards Act (FLSA) is a fixed and recurring period of 7 consecutive days. This definition is crucial for determining overtime pay eligibility and defines the standard time frame in which the hours worked by employees are calculated. A workweek does not need to correspond with the calendar week, meaning that it can start on any day of the week and at any hour as long as it remains consistent. This flexibility allows employers to define their workweeks in a way that suits their operational needs, as long as it adheres to the 7-day requirement. Other interpretations, such as viewing a workweek as a 5-day period or equating it with a calendar week, do not align with the regulations stipulated by the FLSA. Also, merely considering days worked within a week does not constitute a proper definition of a workweek, as it requires the entire 7-day period to be established for proper compliance with labor standards.