8-80 rule
![sandra_d](http://hrforms.blr.com/plugins/DefaultAvatars/design/LBlueAvatar.jpg)
I work in a health care facility in MN and we use the 8-80 rule for overtime calculation ... we pay overtime if someone works over 8 hours in a day and when they work over 80 hours in a 2-week pay period. One of our supervisors believes that if a staff voluntarily agrees to (even asks to) work more than 8 hours in a day without getting overtime, that this is legal. I assured her that, no, following the 8-80 rule, we would owe overtime. She insists it is legal because that is what she and other hourly supervisors do for themselves "all of the time". (!!!YIKES!!!) I explained that just because she does it, doesn't make it right.
Anyway, she is convinced that there is an exception to this overtime rule, and I am convinced there isn't. However, I assured her I'd check into it and see what I can find. Anybody who believes that a voluntary opt-out of overtime law exists, please raise your hand and enlighten me! :~[
Thanks!
Anyway, she is convinced that there is an exception to this overtime rule, and I am convinced there isn't. However, I assured her I'd check into it and see what I can find. Anybody who believes that a voluntary opt-out of overtime law exists, please raise your hand and enlighten me! :~[
Thanks!
Comments
Good Luck!
Keep us posted on what you find this should be real interesting and a learning experience for all the HRs in this network. I just can't wait to see your next post, tell us more how many and how long has this been going on?
Pork
I'm aware of it since I work in a health care agency, although we don't have it since we don't provide residential care and are a public sector agency.
Sandra, regarding the issue of an employee voluntarily giving up overtime, as noted by Linda, FLSA and DOL's enforcement clearly establishes that an employee MAY NOT waive overtime. That is to prevent an threats or compulsion by the employer -- such as, "give up getting paid overtime or you won't be working here." Take a look at the Code of Federal Regulations, volume 29, Section 778.316. The link is below. Show that to the supervisor.
[url]http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=29&PART=778&SECTION=316&YEAR=1998&TYPE=TEXT[/url]
These special healthcare-industry rules don't have anything to do with pay frequency (bi-weekly, semi-monthly, whatever) other than you obviously couldn't pay weekly on the 8-80 system.
Sandra, I think your intuition is correct, as Linda affirmed. You shouldn't allow nonexempt employees to waive the daily overtime rules.
[Code of Federal Regulations]
[Title 29, Volume 3, Parts 500 to 899]
[Revised as of July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR778.601]
[Page 434-436]
TITLE 29--LABOR
CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
PART 778--OVERTIME COMPENSATION--Table of Contents
Subpart G--Miscellaneous
Sec. 778.601 Special overtime provisions available for hospital and residential care establishments under section 7(j).
(a) The statutory provision. Section 7(j) of the Act provides, for
hospital and residential care establishment employment, under prescribed
conditions, an exemption from the general requirement of section 7(a)
that overtime compensation be computed on a workweek basis. It permits a
14-day period to be established for the purpose of
[[Page 435]]
computing overtime compensation by an agreement or understanding between
an employer engaged in the operation of a hospital or residential care
establishment, and any of his employees employed in connection
therewith. The exemption provided by section 7(j) applies:
if, pursuant to an agreement or understanding arrived at between the
employer and employee before performance of the work, a work period of
14 consecutive days is accepted in lieu of the workweek of 7 consecutive
days for purposes of overtime computation and if, for his employment in
excess of 8 hours in any workday and in excess of 80 hours in such 14-
day period, the employee receives compensation at a rate not less than
one and one-half times the regular rate at which he is employed. . . .
Maybe you would like a transfer to healthcare, Pork?