The 8/80 Overtime Rule Explained (2026): Hospital & Nursing Home Workweek Alternative

The Short Answer

The 8/80 rule — codified at 29 U.S.C. § 207(j) — is a special FLSA overtime rule for hospitals and residential care establishments. Instead of the standard 40-hour workweek, the employer may use a 14-day work period and pay overtime for hours worked over 8 in a day OR over 80 in the 14-day period, whichever produces more overtime pay. Both triggers apply, not just one.

8/80 is *optional* for the employer. If they don't formally elect it — with a prior agreement — the default 40-hour workweek applies.

Who Can Use the 8/80 Rule

Only two categories of employer under § 207(j):

• . A hospital (as defined by state law licensing); or
• . An establishment primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises — nursing homes, residential treatment, assisted living, hospice inpatient units.

Doctor's offices, urgent care clinics, home health agencies (unless residential), and outpatient dialysis centers do not qualify. They use the standard 40-hour rule.

The Three Legal Requirements (DOL Fact Sheet #54)

• . Prior agreement — the employer and employee agree, before the work is performed, to use a 14-day work period. A written policy or signed acknowledgment counts; a retroactive election does not.
• . Overtime at 1.5× the regular rate for all hours over 8/day and all hours over 80/period.
• . The employer counts overtime under both triggers and pays the greater amount for the period.

Miss any of these and 8/80 collapses — overtime reverts to the 40-hour workweek standard, often producing back-pay liability.

How to Calculate 8/80 Overtime — Step by Step

Step 1. Identify the 14-day work period (fixed start day, doesn't change).

Step 2. For each day, count hours worked over 8 — call this Daily OT.

Step 3. Add total hours worked in the 14-day period. If total > 80, subtract 80 — call this Period OT.

Step 4. Overtime paid = the greater of Daily OT or Period OT (they do not stack).

Step 5. Multiply the greater number by 0.5 × regular rate and add to straight-time pay (regular rate × all hours worked).

Worked Example 1 — Three 12s and Four 12s

An RN works 3×12 = 36 hours in week 1, 4×12 = 48 hours in week 2. Total 84 hours.

• Daily OT: each 12-hour shift = 4 OT hours × 7 shifts = 28 hours
• Period OT: 84 − 80 = 4 hours
• Pay: 28 hours × 0.5 × regular rate + straight time on all 84 hours

The daily trigger dominates whenever shifts exceed 8 hours — which is why 8/80 is popular with 12-hour-shift hospitals.

Worked Example 2 — Five 8s and Five 8s

A CNA works 5×8 = 40 hours each week. Total 80 hours.

• Daily OT: 0 (no shift exceeds 8)
• Period OT: 80 − 80 = 0
• Under 8/80: zero overtime
• Under standard 40-hour rule: also zero overtime

Same result. 8/80 doesn't reduce overtime in this pattern.

Worked Example 3 — Where 8/80 Pays *Less* Than the 40-Hour Rule

A tech works 45 hours in week 1 (all 9-hour shifts) and 30 hours in week 2 (all 6-hour shifts). Total 75.

• 8/80 Daily OT: week 1 = 1 hour × 5 = 5; week 2 = 0. Total 5 hours.
• 8/80 Period OT: 75 − 80 = 0 (negative rounds to 0)
• 8/80 pays: 5 hours OT
• Standard 40-hour rule: week 1 = 5 hours OT; week 2 = 0. Also 5 hours

Tie. But if week 2 had been 40 hours (5×8), total = 85:

• 8/80: Daily = 5; Period = 5. Greater = 5 hours OT
• 40-hour rule: week 1 = 5 OT; week 2 = 0. Also 5 hours

Same. Where 8/80 loses is when hours are heavily loaded into one week without long daily shifts.

When Does 8/80 Help or Hurt the Employee?

| Shift pattern | 8/80 vs 40-hour rule |

|---|---|

| Three or four 12-hour shifts per week | 8/80 pays more — daily trigger on every shift |

| Five 8-hour shifts per week | Identical |

| Bunched 50-hour week + short 20-hour week | 40-hour rule pays more |

| Consistent 40-hour weeks with occasional long shifts | 8/80 slightly better |

Because § 207(j) requires paying the greater trigger, the employer cannot legally use 8/80 to pay less than the 40-hour rule *within the 14-day period*. But the *comparison period* differs — 40-hour OT is per week, 8/80 is per 14 days — so uneven schedules can produce different totals.

What Counts Toward the 8 and the 80

• Actual hours worked — including short breaks under 20 minutes (29 CFR § 785.18) and interrupted sleep time on 24+ hour shifts.
• On-call time at the facility or with tight home restrictions.
• Training and mandatory meetings unless all four § 785.27 exceptions are met.
• Paid but non-work time excluded — PTO, sick leave, holidays are NOT hours worked (see PTO & overtime).

Common Employer Mistakes That Void an 8/80 Election

• . No prior agreement — the switch was announced retroactively at payroll close.
• . Comparing only one trigger — paying the daily OT but ignoring that period OT was higher (or vice versa).
• . Excluding shift differentials from the regular rate before applying 1.5×.
• . Using 8/80 at a non-qualifying facility — outpatient clinics, doctor's offices, standalone dialysis.
• . Auto-deducting meal breaks the employee worked through, then applying 8/80 to under-counted hours.

Each mistake typically produces two to three years of back overtime plus liquidated (double) damages under 29 U.S.C. § 216(b).

How to Check Your Own 8/80 Pay

• . Ask HR — in writing — for the written 8/80 agreement and the 14-day period start date.
• . Reconstruct hours worked from timecards for one full period.
• . Compute daily OT and period OT separately; the paid amount should equal the greater.
• . Confirm the regular rate includes shift differentials and non-discretionary bonuses.
• . Compare against what a straight 40-hour workweek would have paid — if that's higher and 8/80 wasn't properly elected, you're likely owed the difference.

Then run the numbers with our free overtime pay calculator.

Related Reading

• Overtime Pay for Nurses & Healthcare Workers (2026)
• Regular Rate of Pay Under the FLSA — Complete Guide
• Hours Worked Under the FLSA (2026)
• Does PTO Count Toward Overtime? (2026)

Sources

• 29 U.S.C. § 207(j)
• 29 CFR § 778.601
• DOL Fact Sheet #54 — Hospital and Residential Care Establishments

*Last reviewed July 14, 2026.*