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.

Workday24 hours
0–8h8–24h

Daily overtime is credited toward the 14-day 80-hour threshold.

14-day period80 hours
0–80hOver 80h → 1.5×, max with daily

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.

Sources

Last reviewed October 20, 2026. This is a simplified summary, not legal, tax, or payroll advice.

Other supported rules

Need to check a paycheck? Use the rule that matches your pay stub, record the hours, and compare the gross pay. If the result looks wrong, bring the hours and the estimate to your employer or payroll provider.