Back to News

The 8/80 Overtime Rule for Hospitals and Nursing Care Facilities is Alive In Pennsylvania!

Published on

July 26, 2012

Earlier this month, Governor Corbett signed into law H.B. 1820, which revives the 8/80 overtime rule and gives health care institutions and nursing homes in Pennsylvania a reason to cheer. The Governor’s approval of this bill is in response to a decision from the Philadelphia Court of Common Pleas and subsequent class action litigation that created turmoil over how nurses could be scheduled and paid for overtime in Pennsylvania.

Under this new law, Pennsylvania health care institutions and nursing homes can now rely on the 8/80 method of overtime calculation available under the federal Fair Labor Standards Act (FLSA), which is now fully incorporated into Pennsylvania’s Minimum Wage Act. The 8/80 method is an alternative to the standard requirement to pay overtime to employees for all hours worked in excess of 40 in a 7-day workweek. Under the 8/80 method, hospitals, nursing homes, homes for the aged, and certain other medical institutions who provide residential care were permitted under federal law to pay their non-exempt employees one and one-half times their regular rate for all hours worked in excess of 8 hours in a workday, and in excess of 80 hours in a 14-day period.

Health care institutions across Pennsylvania have had a long history of using the 8/80 method to accommodate patient needs and the non-traditional schedules of a round-the-clock facility. However, after a March 2010 Philadelphia court decision in Turner v. Mercy Health System, ruling that the 8/80 method is not available in Pennsylvania, health care institutions faced the challenge of rescheduling their nurses and paying all non-exempt workers overtime for all hours worked in excess of 40 in a 7-day workweek, or risk being a target for class action litigation that was proliferating against hospitals in Pennsylvania.

Now, with the passage of this law, health care institutions and nursing homes once again have flexibility in scheduling their employees under the 8/80 method.

Related News

View More News
News Alert
July 19, 2024

Act 52 Imposes New Regulations on Real Estate Wholesaling in Pennsylvania

Most Pennsylvanians have seen the television commercials and signs stating ...

Learn More
News Alert
July 16, 2024

OSHA Proposes New Heat Standard Protocols

The U.S. Department of Labor Occupational Safety and Health Administration ...

Learn More
News Alert
July 15, 2024

York County Nonprofits: Look Out for Real Estate Tax Exemption Questionnaires

Exemption from real estate tax is a crucial benefit to qualified nonprofits...

Learn More

Get in Touch

Our attorneys, paralegals and staff look forward to hearing from you. Please reach out to let us know how we can help.

Get In Touch
Super Lawyers
Best Law Firms US News
Best Lawyers