Brief backstory: I am a registered nurse. I graduated in 2011 and found my first job in a hospital that same year working on a floor. I worked 80 hours every 2 weeks, which consisted of six 12 hour shifts and one eight hour shift. The hospital had high turnover and was in an economically depressed area in upstate NY. I worked at that hospital for about seven months before moving on and moving to a different state.
Generally I worked my six twelve hour shifts in succession so that I could have a long stretch of days off. For example, I would work my six twelve hour shifts in a row then get like 8 days off. However, even though I would sometimes 60 to 72 hours in one week, I was never paid overtime. My coworkers explained that because the two weeks were averaged into a single pay period and that because I didn't go over 80 hours, I wouldn't receive overtime. I didn't know much about labor and how that all works so I just accepted that as true. Now its 2014 and when I tell people about how I was paid, they all tell me that what my employer was doing was illegal.
Is that true? How far back would I even be allowed to take action for this?
The following is from the above link--This is the Federal Fair Labor Law--
"Under the "8 and 80" system, the nursing care facility may pay employees -- with whom they have a prior agreement -- overtime for any hours worked after more than 8 hours in a day and more than 80 hours in a 14-day period."
(So it is seemingly both if you are on an 8/80 system--overtime is paid for more than 8 hours and more than 80 biweekly)...and further...
"Overtime pay violations often occur when employers:
Fail to pay overtime after 8 hours of work in a day for workers (both full time and part time) who are under the "8 and 80" system. "
So this all depends on what your hire letter says, what your union contract says, and if you have all of your pay stubs to prove this. I would ask for an audit, that's for sure.
I wonder if the OP signed something like a 12/80 OT agreement?
Under federal law, there is no such thing as a "12/80" OT system. It doesn't matter if the OP signed something that like, it's not legal. Federal law requires that employees be compensated a rate of not less than 1.5x their hourly rate for any hours worked in excess of 40 per week. Healthcare employers such as hospitals or nursing homes may use a 2 week period for calculating overtime ONLY under the 8/80 system. Hospitals can't just go making up their own systems that violate federal overtime laws. The law will always trump. And, in the event where there are state laws and federal laws that differ, the law that gives the most protection to the employee is the one that prevails.
Specializes in Nurse Leader specializing in Labor & Delivery.
So from what Jade posted, it looks like it has to be 8 AND 80, not 8 OR 80. So as long as they're not exceeding 80 hours in a 2-week period, they don't have to pay for any shifts in excess of 8 hours. At least, that's how I interpret the AND.
So from what Jade posted, it looks like it has to be 8 AND 80, not 8 OR 80. So as long as they're not exceeding 80 hours in a 2-week period, they don't have to pay for any shifts in excess of 8 hours. At least, that's how I interpret the AND.
No. They have to pay in both situations. They have to pay overtime if an employee works greater than 8 hrs in a day and they also have to pay when the employee works greater than 80 hours in two weeks.
Overtime pay violations often occur when employers:
Fail to pay overtime after 8 hours of work in a day for workers (both full time and part time) who are under the "8 and 80" system.
Brief backstory: I am a registered nurse. I graduated in 2011 and found my first job in a hospital that same year working on a floor. I worked 80 hours every 2 weeks which consisted of six 12 hour shifts and one eight hour shift. The hospital had high turnover and was in an economically depressed area in upstate NY. I worked at that hospital for about seven months before moving on and moving to a different state. Generally I worked my six twelve hour shifts in succession so that I could have a long stretch of days off. For example, I would work my six twelve hour shifts in a row then get like 8 days off. However, even though I would sometimes 60 to 72 hours in one week, I was never paid overtime. My coworkers explained that because the two weeks were averaged into a single pay period and that because I didn't go over 80 hours, I wouldn't receive overtime. I didn't know much about labor and how that all works so I just accepted that as true. Now its 2014 and when I tell people about how I was paid, they all tell me that what my employer was doing was illegal. Is that true? How far back would I even be allowed to take action for this?[/quote']
Yes. I am salary but get OT over 80hrs after 2 weeks. Some weeks I will work 50 hrs followed by a 20-30 hr week. I have hit OT but not often after a heavy week.
If one is paid bi-weekly, is it an automatic 8/80? Or just that the pay period consists of 80 hours per 2 weeks?
I know that in some union contracts, the "regular" work day is defined as 8 hour shifts, that 12 hour shifts are by "mutual agreement"
therefore, one could assume that if one is being paid bi-weekly, is a non-exempt employee, then time and a half is paid for any hours over 8. Plus differentials for evening, weekend, etc.
We are anything over 40 hours/week is OT. If it was over 8 hours we would never be allowed to be scheduled 12's.
I'd go to HR and ask to see the policy and your hiring contract. It should be in there.
If you work 12's you are paid OT for anything over 12 in a day or over 40 in a week. If your agreed upon shift if 12's you don't get OT for hours after 8, unless you work over 12.
I work 8's if I work 12 hours one day my last 4 hours are OT because my position is an 8 hr position.
Now I know of a hospital who pays 1.5 times for hours 8-12 for all 12 hour employees which is awesome and it is within the federal law as it is more generous.
I just want to point out that "if" you were working overtime (ie 72 hours in one week) then 0 the next, then you would only be a part time employee.
Thus you would have to pay them back for whatever benefits they granted you that arent given to part time employees. So youd end up owing them 1000s of dollars for health insurance plus possibly dental, 403b matching etc etc.
Esme12, ASN, BSN, RN
20,908 Posts
I'm confused is it the current employer or past employer that you have issue with?