Introduction to the Fair Labor Standards Act (FLSA)

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b. The 9/80 Schedule Using workweek concepts, employers can implement a 9/80 schedule without incurring overtime. Employees on a 9/80 schedule are generally scheduled to work 8 nine-hour days, 1 eight-hour day, and have one day off every two weeks. A common problem with a 9/80 schedule is that an employee will be schedule to work 4 days / 36 hours in workweek 1, and 5 days / 44 hours in workweek 2. Absent some attention to specifically designating the employee’s workweek, the employer will incur 4 hours of overtime liability in workweek 2, even though the employee worked a total of 80 hours in the two-week period. To avoid this problem, an employer may designate the workweek to begin in the middle of the employee’s eight-hour day, if the regular day off is on the same day the next week. The following is an example of such a work schedule.

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