How does FLSA 778.302 overlapping workweeks work?

When the beginning of the workweek is changed and some working time falls in hours included in both the old and new workweeks, WHD enforcement policy under 29 CFR 778.302 is: (1) count the overlapping hours only in the old workweek and compute straight time and overtime for each week; (2) count them only in the new workweek and recompute; (3) pay not less than the greater of those two totals.

Classic $20 · old 45h (incl. 5h overlap) + new-other 35h?

Method 1 (overlap in old): old 45h = $950 and new 35h = $700 → $1,650. Method 2 (overlap in new): old 40h = $800 and new 40h = $800 → $1,600. Pay the greater: $1,650. CFR $5 illustration totals $412.50. Naive double-counting the overlap yields $1,750 and is not lawful under 778.302.

No. 778.301 explains when a workweek-beginning change creates an overlap. 778.302 is the computation rule — the greater-of-two-allocations pay line this calculator implements.

What if overlap hours are zero?

Both methods are identical — each workweek is computed on its own hours with no shared block. Classic five 8h + new-other 40h @ $20 → $1,600 either way.

FLSA 778.302 Overlapping Workweeks — Greater of Two Allocations

Q: Same as 778.310 lump / 778.218 idle?

No. 778.310 is about OT lumps inside one workweek's regular rate. 778.218 excludes occasional idle pay from the regular rate. 778.302 spans two workweeks when the workweek beginning changes.

FLSA 778.302 overlapping workweeks — pay the greater allocation

29 CFR § 778.302 (with § 778.301): when the workweek beginning changes and some hours fall in both the old and new workweeks, compute (1) overlap counted only in the old week and (2) overlap counted only in the new week; pay the greater 13-day total. Classic CFR schedule @ $20: Mon–Fri 8h + Sun 5h overlap (=45h old) + new-other 35h → method-1 $1,650 vs method-2 $1,600 → pay $1,650 vs /overtime/ 50h $1,100 vs old-alone $950 vs naive double-count $1,750 vs 778.218 $1,220 vs 778.220 $900. CFR $5 → $412.50.

How 778.302 pays

Two allocations, one paycheck floor. Section 778.302 is WHD’s enforcement policy when a change in the beginning of the workweek (see § 778.301) causes some working time to fall in hours that belong to both the old and the new workweek. Assume first that the overlapping hours count only in the old workweek; compute straight time and overtime for each week and total them. Assume next that those hours count only in the new workweek and recompute. Pay not less than the greater of the two totals.

Punches = old workweek. Enter the old workweek punches (including the overlap day). Type the overlap hours that also fall in the new workweek, and the new workweek’s other hours excluding that overlap. The ticket shows both methods and which one wins.

Not a free double-count. Treating the same overlap hours as overtime in both weeks (the “naive” sum) overpays relative to 778.302 — classic naive $1,750 vs lawful greater-of $1,650.

Not 778.310 / not 778.218 / not waiting-time. 778.310 is a single-week OT lump in RR. 778.218 excludes occasional idle pay from RR. This page spans two workweeks after a workweek-beginning change.

Classic · $20 · old 45h (Mon–Fri 8 + Sun 5 overlap) + new-other 35h → $1,650 (method-1 wins; method-2 $1,600; naive $1,750; /overtime/ 50h $1,100; old-alone $950).
CFR-scale · $5 · same schedule → $412.50 (official illustration).
Method-2 wins · old 48h + overlap 12 + new-other 40 @ $20 → $1,880 (method-1 $1,840).
Zero overlap · five 8h + new-other 40 @ $20 → $1,600 either method.

Sources

29 CFR § 778.302 — Computation of overtime due for overlapping workweeks (Cornell LII, HTTP 200)
29 CFR § 778.302 — eCFR (HTTP 200)
29 CFR § 778.302 — GovRegs (HTTP 200)
29 CFR § 778.302 — GovInfo CFR XML (HTTP 200)
29 CFR § 778.301 — Overlapping when change of workweek is made (HTTP 200)
29 U.S.C. § 207 — Maximum hours (HTTP 200)
WHD Fact Sheet #56A — Regular rate under the FLSA (HTTP 200)
/flsa-778-218-idle/ — 778.218 idle cousin
/flsa-778-220-show-up/ — 778.220 show-up cousin
/flsa-778-310-lump/ — 778.310 lump cousin
/overtime/ — ordinary after-40 baseline

FAQ

Classic five 8h + Sun 5h overlap + new-other 35h @ $20?

Method 1: old 45h = $950 + new 35h = $700 → $1,650. Method 2: old 40h = $800 + new 40h = $800 → $1,600. Pay greater → $1,650. CFR $5 → $412.50.

Why not just add both weeks’ OT?

Double-counting the overlap hours as if they were unique in each week overpays. Classic naive total $1,750 exceeds the lawful greater-of $1,650.

Same as /flsa-778-218-idle/?

No. 778.218 excludes occasional idle pay from the regular rate inside one week. 778.302 allocates overlapping hours across two workweeks after a workweek-beginning change.

Do punches include the new workweek?

No. Punches are the old workweek (including the overlap day). Type new-workweek other hours in the field.

Contract can require more?

Yes. 778.302(c) says this FLSA floor does not reduce any greater obligation the employer may have under the employment contract.