Does a 4-day 10-hour workweek create daily overtime?

Under federal law: no. Daily overtime doesn’t exist federally. A 4×10 schedule creates 40 hours/week with no weekly overtime. Under California law: yes — hours over 8 in a day trigger daily overtime, so 2 daily overtime hours per day × 4 days = 8 daily OT hours even though weekly total is 40. California employers using 4×10 need the employee vote on an alternative workweek schedule to avoid daily overtime.

What is the 9/80 compressed schedule and how does it affect overtime?

9/80 = employees work 9 hours/day for 8 days and take one day off, over a 2-week period (total 80 hours). To avoid overtime, the employer must define the workweek so that Week 1 has exactly 40 hours and Week 2 has exactly 40 hours. Typically accomplished by defining the workweek to start at a specific time on the day off (Friday noon) so each Friday is split between weeks.

Do I earn overtime for working a 6-day week if total hours are 48?

Yes — 48 hours in a single workweek triggers 8 hours of overtime, regardless of how many days you worked. Whether you worked those 48 hours in 4 days or 6 days, overtime starts after hour 40. The number of days worked is irrelevant to FLSA overtime — only total hours in the workweek matter.

Can an employer change my workweek to avoid paying overtime?

Yes — employers can change the workweek definition, but with restrictions: advance notice must be provided, and the change must be permanent (not changed week-to-week to avoid overtime). A workweek change that is transparently designed to avoid overtime for a specific situation (e.g., rearranging the workweek definition just before a heavy-work week) may constitute an FLSA violation.

What if I work a different schedule each week — how do I calculate overtime?

Calculate each workweek independently based on actual hours worked in that 7-day period. Overtime is triggered whenever any single workweek exceeds 40 hours. There’s no smoothing or averaging across weeks. In a week you work 50 hours: 10 OT hours. The next week at 35 hours: no OT. There’s no relationship between these two weeks for overtime purposes.

Overtime Pay and Flexible Work Schedules: Understanding Your Rights

Flexible work schedules have become the norm in many industries — 4×10-hour workweeks, 9/80 compressed schedules, rotating shifts, and split-shift arrangements. Each creates different overtime calculation questions. Understanding how overtime applies to your specific schedule prevents underpayment and helps you anticipate your actual pay.

Common Flexible Schedule Overtime Scenarios

Overtime calculation for common flexible work schedules

Schedule	Hours/Week	Overtime Under Federal Law	Notes
4×10 workweek (Tue–Fri)	40 hours	No OT (exactly 40/week)	Mon day off; 10 hrs/day, no daily OT federally
9/80 schedule (alternating 9 and 8-hr days)	Alternates 80 hrs over 2 weeks	0 or 0 (if exactly 80/14 days)	Must check each workweek individually
3×12 shifts (Tue–Thu)	36 hours	No OT	4-day workweek with 3 long shifts; common in healthcare
4×12 + 1 partial day	50 hours	10 OT hours	Any week over 40 triggers OT
Rotating shifts (variable hours)	Varies	Based on each week’s total	Calculate each workweek independently

The 9/80 Schedule: A Common Overtime Trap

The 9/80 compressed schedule (9 hours/day for 8 days + 1 day off every 2 weeks) averages 40 hours/week. But overtime is calculated per workweek, not per two-week period. If the employer’s workweek is structured correctly, Week 1 = 44 hours (4 × 9-hr days + Friday off midweek) and Week 2 = 36 hours — 4 OT hours in Week 1 plus none in Week 2. The workweek definition determines whether 9/80 creates overtime.

💡The 9/80 Workweek Definition Solution

Employers using 9/80 schedules typically define the workweek to begin at noon on Friday (or some mid-workday time on the alternating day off). This way, the 80-hour period is neatly divided into two 40-hour workweeks, and no overtime accrues. If your employer doesn’t carefully define the workweek for a 9/80 schedule, you may be owed overtime every other week.

Split Shifts and Overtime

A split shift is when an employee’s work day is split into two separate periods (e.g., 7am–11am and 4pm–8pm). All hours worked in a split shift within the same workday count toward overtime. Total hours across all split segments count toward the 40-hour weekly total. There’s no legal requirement for extra pay for the 'gap' between split shift segments beyond regular and overtime rates.

Calculate Your Flexible Schedule Overtime

Enter your actual weekly hours (regardless of schedule structure) to find your correct overtime pay.

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Frequently Asked Questions

Overtime Pay and Flexible Work Schedules: Understanding Your Rights

Common Flexible Schedule Overtime Scenarios

The 9/80 Schedule: A Common Overtime Trap

Split Shifts and Overtime

Frequently Asked Questions

Frequently Asked Questions

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