The 8/80 Rule: Specialized Overtime for Healthcare

The Verdict

The '8 and 80' system is a unique FLSA exception allowed for hospitals and residential care establishments. Instead of a standard 40-hour workweek, overtime is calculated based on a 14-day period. It offers scheduling flexibility but increases admin complexity.

How it Works

Under 8/80, employers pay overtime for hours worked over 8 in any workday OR over 80 in a 14-day period.

The Trade-Off

"You gain the ability to schedule 14-day stretches without a strict 40-hour weekly cap, but you MUST pay daily overtime (>8 hours), which is not required under the standard rule."

Standard 40 vs. 8/80 Rule

RuleDaily OT LimitPeriod Limit
StandardNone (Federal)40 Hours / 7 Days
8/80 Rule> 8 Hours80 Hours / 14 Days

Mutual Agreement Required

You cannot just force the 8/80 rule. There must be a prior agreement or understanding with the employee before work is performed. It also applies to the whole institution or specific departments only.

Frequently Asked Questions

Can I switch back and forth?

No. You cannot flip between standard and 8/80 week-to-week to minimize costs. It must be a permanent or long-standing policy.

Does it apply to all healthcare staff?

No. It is typically for nurses and direct care staff. Office admin staff in a hospital usually remain on the standard 40-hour week.

Manage Complex Shifts

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