FLSA 29 CFR § 778.104 Standalone Workweek Rule

Biweekly Timesheet Calculator

Track 14 days of shifts across a two-week pay period. Automatically isolates weekly overtime to protect against unlawful biweekly averaging.

14-Day Biweekly Timesheet Calculator

Calculates 2-week pay periods with mandatory FLSA independent overtime isolation (29 CFR § 778.104).

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hours/wk

Week 1 Shifts(40.00h total · 0.00h overtime)

DayStart TimeEnd TimeUnpaid LunchDaily Paid
Monday
m
8.00h
Tuesday
m
8.00h
Wednesday
m
8.00h
Thursday
m
8.00h
Friday
m
8.00h
Saturday
m
--
Sunday
m
--

Week 2 Shifts(40.00h total · 0.00h overtime)

DayStart TimeEnd TimeUnpaid LunchDaily Paid
Monday
m
8.00h
Tuesday
m
8.00h
Wednesday
m
8.00h
Thursday
m
8.00h
Friday
m
8.00h
Saturday
m
--
Sunday
m
--
FLSA Standalone Workweek Protection (29 CFR § 778.104):Under federal law, each 7-day workweek stands alone. Overtime earned in Week 1 cannot be averaged out or offset by fewer hours in Week 2.
Week 1 Total40.00h$880.00 (0.00h OT)
Week 2 Total40.00h$880.00 (0.00h OT)
Biweekly Hours80.00h0.00h total OT
Estimated Gross Pay$1760.00Combined 2-week pay
Payroll Rights & Regulations

The Biweekly Overtime Trap: Why 80 Hours Does Not Mean Zero Overtime

One of the most frequent Fair Labor Standards Act violations in biweekly payroll processing involves averaging hours across the two-week pay period. Many workers assume that as long as their two-week total does not exceed 80 hours, no overtime is owed. That assumption is legally incorrect under federal law.

In-Depth Statutory Analysis

Understand the 29 CFR § 778.104 prohibition against 80-hour averaging, fixed 168-hour workweek rules, and the healthcare 8/80 exception.

Read Biweekly Guide

Federal Statute: 29 CFR § 778.104 (Single Workweek Standard)

“The Act takes a single workweek as its standard and does not permit averaging of hours over two or more weeks. If an employee works 45 hours in one week and 35 hours the next, the 5 hours of overtime earned in the first week cannot be offset by the fewer hours worked in the second week.”

Real Example: 46 Hours in Week 1 + 34 Hours in Week 2 ($20/hour Base Wage)

Calculation MethodWeek 1 PayWeek 2 PayTotal Biweekly Gross PayLegal Status
Illegal Averaging Method (80h straight time)$800.00 (40h)$800.00 (40h)$1,600.00FLSA Violation (Underpayment)
Mandatory FLSA Method (Week 1 has 6h OT)$980.00 (40h reg + 6h OT @ $30)$680.00 (34h reg)$1,660.00Lawful FLSA Gross Pay

*Result: In this single pay period, unlawful averaging deprives the employee of $60.00 in earned overtime wages. Over a full year of 26 biweekly pay periods, such averaging discrepancies can compound to over $1,500 in unpaid wages.

How to Audit Your Biweekly Timesheet

  • Check your employer's official workweek start day (e.g. Sunday at midnight).
  • Tally hours worked in Days 1 through 7 independently.
  • Verify that any hours over 40 in Week 1 receive 1.5× your regular rate.
  • Repeat the exact same check for Days 8 through 14.

Suspect a Paycheck Error?

If your paycheck line items show only 80 straight-time hours despite working more than 40 hours in one of the two weeks, use our Paycheck Hours Checker to audit line-by-line wage discrepancies.

Open Paycheck Hours Checker

Need Single-Week Time Tracking?

Switch to the standard 7-day calculator for single workweek tracking with custom lunch break deductions.

Time Card with Lunch