Healthcare Overtime Calculator (8 and 80)
Hospitals and residential care facilities have an option no other industry has. Under Section 7(j) of the FLSA, they may agree with employees to use a fixed 14-day work period instead of the 40-hour workweek, paying overtime for hours beyond 8 in a day or beyond 80 in the period. It exists because 12-hour shifts and three-day weeks do not fit a 40-hour box.
The 8/80 system is not automatically better for either side, and it is not optional to document — it requires an agreement with the employee before the work is performed. Use the daily mode below with an 8-hour daily threshold and an 80-hour period to model it, and read the comparison section to see when 8/80 pays more than the standard rule and when it pays less.
FLSA is 40.
1.5 = time and a half.
California is 8.
Leave blank if none.
Nondiscretionary pay must be folded into the regular rate.
Total pay for the week
$1,596.00
Includes $228.00 of overtime premium.
- Regular rate
- $38.00
- Straight time (24 hrs)
- $912.00
- Overtime (12 hrs)
- $684.00
At $57.00 per hour.
Estimates based on FLSA rules. State law may require more, exemption status affects whether overtime is owed at all, and this is not legal advice — check your jurisdiction.
Starting values are set for a typical healthcare scenario — change any field to match yours. Need the plain version? Overtime Calculator.
How 8 and 80 works
Under 29 CFR 778.601, a covered establishment may use a fixed, recurring 14-consecutive-day work period. Overtime is owed on hours over 8 in a workday and on hours over 80 in the period — and, as with California's daily rules, an hour is not counted twice.
- Only hospitals and institutions primarily engaged in the care of the sick, aged or mentally ill who reside on the premises may use it.
- There must be an agreement or understanding with the employee, reached before the work is performed.
- The 14-day period must be fixed and recurring, not chosen after the fact to minimise cost.
- Hours over 8 in a day are paid at 1.5x. Hours over 80 in the period are paid at 1.5x. Hours already counted as daily overtime are excluded from the 80-hour test.
- If the establishment does not adopt 8/80, the ordinary 40-hour workweek rule applies — the two cannot be mixed to pick whichever is cheaper in a given period.
When 8/80 pays more, and when it pays less
The system favours employees whose long shifts cluster and employers whose staff work steady 12-hour patterns. A 12-hour shift generates 4 hours of overtime under 8/80 even in a light week — which is why nurses on three-shift schedules often prefer it.
| Basis | Hours counted as OT | Total pay |
|---|---|---|
| Standard 40-hour workweek | 0 (36 hrs each week) | $2,736.00 |
| 8 and 80 | 24 (4 per 12-hour shift) | $3,192.00 |
Other healthcare pay complications
- Shift differentials are part of the regular rate. A nurse earning a $6 night differential has overtime computed on the higher rate, not the base rate.
- On-call time may be compensable depending on how restrictive the arrangement is. Being required to remain on premises is generally hours worked; carrying a phone with freedom to move usually is not.
- Automatic meal-break deductions are a frequent source of liability. If a nurse works through an unpaid deducted break, those minutes are hours worked and may push the day past 8.
- Charge nurse premiums, certification pay and callback pay generally belong in the regular rate too. Excluding them understates the overtime rate on every premium hour.
- Rounding practices must be neutral. Systems that always round in the employer's favour have repeatedly been found unlawful.
Frequently asked questions
- What is the 8 and 80 rule?
- A provision in Section 7(j) of the FLSA that lets hospitals and residential care establishments use a fixed 14-day work period instead of the 40-hour workweek. Overtime is owed for hours over 8 in a day or over 80 in the 14-day period, and it requires an agreement with the employee beforehand.
- Who can use the 8 and 80 system?
- Hospitals and institutions primarily engaged in the care of the sick, the aged, or the mentally ill who reside on the premises. It is not available to other employers, and it is optional — an eligible establishment may choose the standard 40-hour rule instead.
- Do 12-hour shifts generate overtime under 8 and 80?
- Yes. Every hour past 8 in a day is a premium hour, so a 12-hour shift produces 4 overtime hours even in a week under 40 total. For nurses on three-shift schedules this typically pays more than the standard weekly rule.
- Does the employer need my agreement to use 8 and 80?
- Yes. There must be an agreement or understanding with the employee reached before the work is performed. It does not have to be a formal contract, but the employer bears the burden of showing the arrangement existed.
- Can an employer switch between 8/80 and the 40-hour rule?
- Not period by period to pick whichever is cheaper. The 14-day work period must be fixed and recurring. Changing systems to reduce overtime cost in a particular period undermines the arrangement and invites liability.
- Do shift differentials affect my overtime rate?
- Yes. Night, weekend, charge and certification differentials are generally part of the regular rate, so overtime must be computed on the higher figure. Paying overtime on the base rate alone while a differential applied is a common underpayment.