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Human Resources/8 and 80 pay question


I am a nurse working 12 hour shifts being paid biweekly. I work a rotation schedule, my total hours worked on each check is 81-84 for the two week period. I receive 7 hours overtime pay each pay period. I work more hours the second week of the rotation, it's on two, off two,on three, off two, on two, off three.. etc.. I have been reading about the 8 and 80 pay system and my question is AM I being paid correct overtime?? I live in this the law? Should I be paid overtime hours over 8 each day and also the hours worked over 80? Also, we have a shift differential and if I take vacation or sick days I only am paid base pay for those hours. Is this legal? Thank you for your time!


As mentioned in prior e-mail, thank you for your patience.  Been away and did not see this come in.

I'll attach a link for you on the 8 and 80 rule.

If the link doesn't work,  just "Google"  for       DOL Fact Sheet 54  
This talks about the 8 and 80 rule and gives good examples.   Also pay attention to the regs in terms of hours earned in 1 week being applied to other weeks and also the idea of paid time for work, and paid time that is NOT worked.   NON-worked paid time is really a benefit and often does NOT add into hours worked for purposes of calculating overtime.     

I could try to answer your specific question, but I already have a few questions on what you wrote as they apply to the law.  Rather than go around and around with clarifying my thoughts, and some points you left out in your question,  I think it will be better for you to first  review the fact sheet I referenced.   Check it out.

I hope this helps you.   If you find your Overtime is not calculated or paid right,  don't be shocked if the whole hospital is being done wrong.   You may want to bring this to an executive manager AND human resources official-- in writing via e-mail, and also "blind CC  yourself" on the email using your home email address so you have a record of your providing them with notice of this "issue" you "may have uncovered".   They should understand to fix it and pay back wages due.   IF not, then you may want to explore contacting Department of labor and file a claim.   Give the hospital a chance to do the right thing and  fix it FIRST-  if there is a problem  before going to the DOL.

I hope this helps.

Brian Phillips

Human Resources

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Brian Phillips


Foreign and US university students -*PLEASE*- DO NOT waste your time asking for my opinions, comments or analysis of your homework questions. Homework questions are not answered and are rejected. I am happy to help answer questions asked by employees and employers regarding United States based state and Federal wage and hour, OT, Fair labor standards, FMLA, COBRA, Recruiting, Interviewing techniques, employee manuals, discipline, terminations/quits, unemployment, HRIS rollout, Employee Leasing or Staffing company cost analysis, day to day scenarios, work situations and more. Essentially a well rounded HR generalist who operates Harvis, Inc., a human resource consulting and service business based in Northeastern Pennsylvania "NEPA".


At Harvis, Inc., we provide Human Resource products, services and advice to small businesses that may not have the time or resources to hire a full time HR department. For larger companies with HR managers in place, we compliment their expertise to help with time consuming or time sensitive projects like updating policy manuals, screening and interviewing and more. We make workplaces better by becoming that 1/2 person they need to help handle HR responsibilities on a daily, weekly or monthly basis. Formerly responsible for all Human Resource activity for a staffing agency with 2,500 annual employees as well as an employee leasing / PEO business with 1,500 annual employees. Designed and implemented the HR structure to support hundreds of clients in excess of $ 500 million in payroll volume over career in Human Resources.

* President 2006- Harvis Inc. HR Services * President 2010-13 Business Association of the Greater Shickshinny Area - Shickshinny PA * President 2013- ShickshinnyForward Not for Profit Community Long Term Revitalization Organization and former member of varios Chambers of Commerce and HR Taskforce, former President of NBC Business Club 2 years

Bloomsburg University - 1993 BS Marketing, Bloomsburg Pennsylvania and Luzerne County Community College - 1991 Business Administration, Nanticoke Pennsylvania

Awards and Honors
* Better than average - 20/10 vision * Bestowed with an occasional "Thank You" from clients and their employees.

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