United States · Fair Labor Standards Act § 7(j)
Hospitals do not live on a 40-hour week. They live on 8 and 80.
29 U.S.C. § 207(j) is the only remaining national daily-8 pay line in private-sector commercial payroll. By a prior agreement, a hospital or an institution primarily engaged in the care of the sick, the aged, or the mentally ill who reside on the premises may compute overtime on a fixed 14-consecutive-day period in lieu of the 7-day workweek: one and one-half times the regular rate for hours over 8 in any workday and over 80 in that period. Daily overtime premium may be credited toward the 80. The two systems cannot be mixed for one employee. This is not the federal weekly-40 page.
How the daily-versus-80 credit actually works
29 CFR § 778.601(d) (current through 26 August 2026 on eCFR): overtime is due for every hour over 8 in a workday, whether or not the period exceeds 80, and for every hour over 80 in the period. Then: “any payments at the premium rate for daily overtime hours within such period may be credited toward the overtime compensation due for overtime hours in excess of 80.” Fact Sheet #54 says the same sentence.
Load ten 9-hour days at $20. Hours worked are 90. Daily overtime is 1 hour × 10 days. Hours over 80 are also 10. Credit the daily premium against the 80 so those 10 hours are not paid twice: 80 regular + 10 overtime ($1,600 + $300 = $1,900), not 70 regular + 20 overtime. Ten 8-hour days are 80 hours and 0 overtime. An 8-hour day that pushes the period over 80 (eleven 8-hour days) converts leftover regular above 80 into overtime, because there was no daily premium to credit.
The California toggle (off by default) is the DIR Order 5 overlay fetched from the overtime-exceptions table (February 2019): employees of a hospital or residential-care institution on a 14-day period still pay double time after 12 in a workday (Labor Code § 510) on top of 8/80. A 13-hour day is 8 regular, 4 at 1.5×, 1 at 2×, then the remaining 8/80 credit against 80.
In scope
- Prior 8/80 agreement; 14 consecutive 24-hour workdays
- 1.5× over 8/workday and over 80/period, daily premium credited
- California Order 5 / LC 510 double-after-12 toggle
- 29 CFR 785.22 sleep exclusion on a 24-hour tour (second card)
Out of scope
- FLSA 7(k) fire/police (public agency)
- Regular-rate inclusions (bonuses, shift differentials)
- 29 U.S.C. § 213 exemptions
- Mixing 7-day and 14-day for one employee
Same URL · 29 CFR § 785.22
24-hour sleep-time exclusion
Not a new calculator URL. If the tour is 24 hours or more, a bona fide scheduled sleep period of not more than 8 hours may be excluded when the employee actually gets at least 5 hours. Four hours of sleep means the entire sleep period is hours worked. Identical in/out on this card is a 24-hour tour. Put the resulting hours into the 14-day grid above if you also need 8/80.
FAQ
What is the FLSA 8 and 80 overtime system?
29 U.S.C. § 207(j) lets a hospital or an institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises, by prior agreement, use a fixed 14-consecutive-day period in lieu of the 7-day workweek. Overtime is 1.5× the regular rate for hours over 8 in any workday and over 80 in that 14-day period. WHD Fact Sheet #54 (rev. July 2009) and 29 CFR § 778.601.
Does daily overtime stack on top of the 80-hour overtime?
No. 29 CFR 778.601(d) and sections 7(h) and 7(e)(5): premium pay for daily overtime may be credited toward overtime due for hours over 80. This calculator classifies hours over 8 in a workday as overtime first, then converts only leftover regular hours above 80. Ten 9-hour days are 80 regular plus 10 overtime, not 70 regular plus 20 overtime.
Can one employee be on both 8/80 and the 40-hour workweek?
No. Fact Sheet #54 and 778.601(c): an employer may use 8/80 for some employees and weekly 40 for others in the same workplace, but cannot use both systems for a single individual. The agreement toggle on this page defaults on because this page is the 8/80 agreement. Turn it off and the ticket becomes two FLSA 40-hour workweeks.
When may sleep time be excluded from a 24-hour tour?
29 CFR § 785.22: if the employee is on duty 24 hours or more, the parties may agree to exclude bona fide meal periods and a bona fide regularly scheduled sleeping period of not more than 8 hours, if adequate sleeping facilities are furnished and the employee can usually enjoy an uninterrupted night’s sleep. Interruptions count as hours worked. If the employee cannot get at least 5 hours’ sleep in the scheduled period, the entire period is hours worked. Duty of less than 24 hours is all hours worked even if the employee sleeps. Identical in/out on that card is a 24-hour tour.
