healthcare
The 8/80 Rule: Overtime for Nurses and Hospital Workers
How the FLSA 8/80 system lets hospitals and nursing homes pay overtime after 8 hours a day or 80 hours in 14 days instead of 40 a week, with examples.
Hospitals and residential care facilities may, by agreement with employees, use a 14-day period instead of the 7-day workweek. Under this "8 and 80" system, overtime is due for hours over 8 in a day or over 80 in the 14 days, whichever gives more overtime.
Example
A nurse works 10 × 8-hour shifts and one 12-hour shift in 14 days: 92 hours. Daily overtime: 4 hours (the 12-hour day). Period overtime: 92 − 80 = 12 hours. The larger figure, 12 hours, is paid at 1.5×.
Twelve-hour shifts
Under 8/80, every 12-hour shift creates 4 hours of daily overtime — which is why many hospitals with 12-hour schedules use the standard 40-hour workweek instead. Your employer must tell you which system applies.
Quick answers
What is the 8/80 rule?
An FLSA option for hospitals and residential care facilities: overtime after 8 hours in a day or 80 hours in a 14-day period.
Does 8/80 apply to all nurses?
Only at qualifying healthcare employers that adopt it by agreement; otherwise the standard 40-hour week applies.