Federal FLSA §7(j) for hospital and residential care
Hospital 8/80
A federal option for hospitals and residential care establishments: overtime is based on a fixed 14-day period instead of the usual 40-hour workweek.
Daily overtime is credited toward the 14-day 80-hour threshold.
The 14-day period must be fixed and regularly recurring.
How it works
With a prior agreement, the employer may use a fixed 14-day work period. Hours over 8 in a workday, or over 80 in the 14-day period, are paid at 1.5×. Daily overtime is credited toward the 80-hour total.
The tiers
- 0–8 hours/day
- Regular rate
- Over 8 hours/day
- 1.5× regular rate
- Over 80 hours/14 days
- 1.5×, not double-counted with daily overtime
Example
3 days × 12 hours = 36 hours → 4 daily overtime hours each day, 12 overtime hours total.
At $30/hour: 24 regular hours + 12 overtime hours at 1.5× = $1,260 before taxes.
Who it applies to
Only hospitals and residential care establishments, and only with a prior agreement or understanding with affected employees before the work is performed. It is not a general healthcare or industry default.
Good to know
- The employer cannot use both the standard 40-hour workweek and 8/80 for the same employee.
- Paycheck Correct requires you to select the 14-day period start; it does not detect eligibility or the existence of an agreement.