[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR778.104]

[Page 361]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 778_OVERTIME COMPENSATION--Table of Contents
 
                 Subpart B_The Overtime Pay Requirements
 
Sec. 778.104  Each workweek stands alone.

    The Act takes a single workweek as its standard and does not permit 
averaging of hours over 2 or more weeks. Thus, if an employee works 30 
hours one week and 50 hours the next, he must receive overtime 
compensation for the overtime hours worked beyond the applicable maximum 
in the second week, even though the average number of hours worked in 
the 2 weeks is 40. This is true regardless of whether the employee works 
on a standard or swing-shift schedule and regardless of whether he is 
paid on a daily, weekly, biweekly, monthly or other basis. The rule is 
also applicable to pieceworkers and employees paid on a commission 
basis. It is therefore necessary to determine the hours worked and the 
compensation earned by pieceworkers and commission employees on a weekly 
basis.