QUESTION

I work for a nursing home doing 12 hour shifts. They only pay overtime for over 80 hours in 2 weeks. Is this legal?

Asked on Sep 19th, 2013 on Labor and Employment - Texas
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1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
A nursing care facility may elect, if the employee or the employee's union agrees, to what is known as an "8 and 80 system" for calculating overtime.  In electing to use this system, the employer obligates itself to pay overtime (1.5 x the regular hourly rate) for each hour worked in excess of 8 in a day and 80 hours in a two week period.  Google the term "8 and 80 system" and see if you can find an explanation that describes the specifics of your situation. For example your question does not specify whether you are being paid overtime for your daily overtime hours (in excess of 8) when your total hours for the two week period do not exceed 80.
Answered on Sep 29th, 2013 at 11:36 AM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

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