1. The rule in regard to overtime is straightforward: non-exempt employees cannot be required to work more than 40 hours per week without getting overtime pay of 1 and ½ times the regular pay for each hour worked in excess of 40. Based on that:

Is flex time, in which an employee is given a shorter shift the week after working in excess of 40 yours in order to balance out a bi-weekly pay period, permissible under the FMLA overtime rules? For example, if an employee works 44 hours in week A, can the employer avoid paying overtime by having the employee work no more than 36 hours in week B if the company is on a bi-weekly (every two weeks) pay scale?