Pennsylvania's 8-and-80 rule for healthcare overtime calculation.
Pennsylvania Act 109 permits hospitals to use an alternative 14-day, 80-hour work period for overtime calculation. Under this method, overtime is triggered when an employee works more than 8 hours in a single day OR more than 80 hours in the 14-day period. This flexibility helps hospitals manage staffing needs while ensuring proper overtime compensation.
PA Healthcare 8-and-80 OT Calculation
Hospitals can elect a 14-day work period where OT is paid for hours over 8 in a day or 80 in 14 days.
What these rules do as a Pennsylvania shift is created.
Teambridge applies the Pennsylvania Healthcare 8-and-80 OT Calculation rule in real-time, ensuring that eligible hospital shifts are evaluated against both daily and bi-weekly overtime thresholds, providing immediate feedback on compliance.
Optimizes OT Calculation
Automatically identifies if the 14-day, 80-hour work period applies to a hospital employee's shift and calculates overtime based on the greater of daily (over 8 hours) or bi-weekly (over 80 hours) thresholds, minimizing manual errors and ensuring correct pay.
Flags Potential Violations
Immediately flags shifts that might trigger overtime under either the daily or 14-day cumulative rule, allowing managers to adjust schedules proactively or understand the precise cost implications before a shift is even worked.
Avoids Costly Corrections
By applying the specific 8-and-80 rule for healthcare, Teambridge prevents misapplication of standard weekly overtime rules, saving hospitals from retroactive pay adjustments and potential penalties for non-compliance with Pennsylvania Act 109.
Deploy Pennsylvania compliance, on autopilot.
Stop worrying about keeping up with Pennsylvania's complex and evolving labor laws. Teambridge automates compliance for your workforce, from shift scheduling to payroll.
Pennsylvania Act 109 permits 8-and-80 overtime for hospitals.
Pennsylvania's Wage and Hour Act, as amended by Act 109, provides a specific exemption for hospitals regarding overtime calculation. This allows eligible employers to adopt a 14-day work period instead of the standard 7-day week for purposes of calculating overtime.
43 P.S. § 333.103(b.1)
"For any employee of a hospital or establishment engaged in the care of the sick, aged or mentally ill or defective who does not reside on the premises of the employer, the employer may, pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, establish a work period of 14 consecutive days in lieu of 7 consecutive days for the purpose of computing overtime compensation, if, during such 14-day period, the employee receives not less than one and one-half times his regular rate of pay for all hours worked in excess of 8 hours in any workday or in excess of 80 hours in such 14-day period, whichever is the greater number of overtime hours."
Eligibility and Agreement
To utilize the 8-and-80 rule, the employer must be a "hospital or establishment engaged in the care of the sick, aged or mentally ill or defective." Crucially, there must be an "agreement or understanding arrived at between the employer and the employee before performance of the work." This agreement signifies the employee's consent to this alternative work period for overtime calculation, rather than the default weekly method.
Overtime Calculation Thresholds
When the 8-and-80 rule is properly implemented, overtime is due for hours worked beyond two distinct thresholds:
- Daily Overtime: All hours worked in excess of 8 hours in any single workday within the 14-day period.
- Bi-weekly Overtime: All hours worked in excess of 80 hours within the 14-day work period.
The employee must receive overtime compensation for "whichever is the greater number of overtime hours" when comparing the sum of daily overtime hours to the hours exceeding 80 in the 14-day period. This ensures employees are compensated fairly under the most beneficial calculation method.
Teambridge ensures PA Healthcare 8-and-80 compliance, automatically.
Teambridge's platform natively encodes Pennsylvania's 8-and-80 rule, automating complex overtime calculations for eligible healthcare providers from the moment a shift is created.
Employer Type Detection
Teambridge identifies your organization as a healthcare provider eligible for the 8-and-80 rule. You simply indicate the election of this alternative work period in your account settings.
Real-time OT Preview
As shifts are scheduled for hospital employees, Teambridge continuously monitors daily hours (over 8) and cumulative hours within the 14-day work period (over 80), providing real-time overtime projections.
Accurate Payroll Data
At the end of each 14-day period, Teambridge automatically calculates overtime based on the greater of daily or bi-weekly thresholds and exports fully compliant payroll data, eliminating manual review and calculation errors.
Defensible Compliance Record
Every calculation and decision made by Teambridge is logged, providing a clear, auditable record of compliance with Pennsylvania's specific healthcare overtime rules, should questions arise.
People also ask.
What is the 8-and-80 rule in Pennsylvania healthcare?
The 8-and-80 rule, permitted by Pennsylvania Act 109, allows eligible hospitals to use a 14-day work period instead of a standard 7-day week for overtime calculations. Under this rule, overtime is paid for hours worked over 8 in a single day OR over 80 hours in the 14-day period, whichever results in more overtime hours.
Which employers are eligible for the 8-and-80 rule in PA?
Only "hospitals or establishments engaged in the care of the sick, aged or mentally ill or defective" are eligible to utilize the 8-and-80 rule in Pennsylvania, provided the employee does not reside on the premises of the employer.
Is employee consent required for the 8-and-80 rule?
Yes, Pennsylvania law explicitly states that the 8-and-80 work period can only be established "pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work." This agreement is crucial for legal implementation.
How is overtime calculated if an employee works 90 hours in a 14-day period?
If an employee works 90 hours in a 14-day period and, for example, none of those days exceeded 8 hours, then 10 hours of overtime (90 - 80 = 10) would be due. If, however, they worked 10 hours on 5 separate days (50 hours total daily OT), then the 50 hours of daily overtime would be paid, as it is the greater amount.
Does this rule replace federal FLSA 8-and-80 provisions?
Pennsylvania's Act 109 mirrors the federal Fair Labor Standards Act (FLSA) provision for the 8-and-80 rule (29 U.S.C. § 207(j)). State law generally cannot provide less protection than federal law. Pennsylvania's rule operates in conjunction with, and is consistent with, the federal provision for hospitals.
What happens if a hospital doesn't properly implement the 8-and-80 rule?
If a hospital fails to properly implement the 8-and-80 rule (e.g., no prior employee agreement, miscalculation), they would likely be subject to the standard weekly overtime rules (over 40 hours in a 7-day workweek) and could face wage claims, back pay, and penalties for non-compliance with the Pennsylvania Wage and Hour Act.