The
Workweek
The workweek is a fixed period of 168 consecutive hours that
recur on a consistent basis. The start and stop times and dates can be set by
management, but they should be consistently applied. And whatever the workweek
is defined to be, it should be listed in the employee manual to avoid confusion
about which hours worked fall into which workweek, not only for payment purposes
but also for the calculation of overtime.
It is unwise to alter the stated workweek, since it may be
construed as avoidance to pay overtime. For example, assume a company has a
history of requiring large amounts of overtime at the end of the month in order
to make its delivery targets. Suddenly company management elects to change the
workweek from Monday through Sunday to Wednesday through Tuesday right in the
middle of the final week in a month, thereby reducing much of the overtime hours
that employees would otherwise earn to regular hours. This would be a highly
suspect change of workweek that might be construed by the government as a way to
avoid overtime payments.
It is, however, perfectly legitimate for different workweeks
to be assigned for different departments and locations. This is particularly
common when a company is acquired and elects not to conform to the acquiree's
workweek. If there are many of these acquisitions, a centralized payroll
department may find itself tracking every conceivable variation on a workweek,
all within the same organization.