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Discussion

8 and 80 pay system?

I am an LPN working at a walk in clinic owned by our hospital. We work a rotation schedule being paid biweekly. I work a total of 83-84 hours for two weeks. The rotation is two on..two off..three on..two off..two on.. three off..etc.. I work approx 45 hours one week and approx 37 the next week. My check reflects 7 hours overtime. We have a shift differential as we work 12 hour shifts. My question is AM I being paid correctly/legally? I have read the 8 and 80 pay system and it states that one should be paid for hours worked over 8 each day as overtime pay and also anything over 80 in a two week period. Is this law? Or just simply up to institutions how they choose to pay? Sorry to seem ignorant on this subject; a non medical friend pointed this out to me and I'm just trying to get input/answers. Thanks!!

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    Look at your state/provinces labour standards. If union, look at your contract (for the shift diffs).

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    While I have no idea about your specific circumstance, I will state that law/regulation about pay can be modified by a valid collective bargaining agreement or a contract that's specific to your agency/clinic/hospital. Law/regulations can vary by work/industry as well. Some places are allowed to pay straight time to 40 hours in a week, no matter how much you worked on a given day. So my simple advice is to read your employee manual, employment contract (if any), and do some research for your state to determine if the paychecks are legally done. Your research may have to include asking a labor lawyer about your specific situation.

    Furthermore, do be careful about this... it's possible that they may be doing things right and if you make waves, you could set yourself up for termination of employment because you'll be seen as a potential source of trouble. Tread very lightly & carefully about this until you're sure something is wrong.

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    • Author

    I live in Tennessee and am not sure about laws here, I appreciate the replies, I'm trying to do this on the down-low and just felt someone here might know. Thanks again!

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    As the above poster mentioned, health care facilities have a choice between paying ot for anything over 40/week OR ot for over 8day and 80/2 week period. So you need to find out what option your facility uses. If it is the 8 and 80 than you are losing ot when you work a 12 hour shift.

    "Overtime: Employers must also pay all non-exempt employees a rate of time-and-one-half the regular rate of pay for each hour of overtime worked. Nursing care facilities may pay employees overtime after 40 hours in a 7 day workweek or alternatively, use the "8 and 80" system. 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. "

    http://www.dol.gov/whd/regs/compliance/whdfs31.htm

    http://www.dol.gov/whd/regs/compliance/whdfs23.pdf

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