40 hr wk vs 8&80

System

We are a health care facility that is and utilizes the 8 & 80 rule. The question arose as to any problems switching the hrly shift supers in one department from the 8&80 to a 40 hr week. Could anyone provide some insight here.

Hatchetman

There are FLSA regulations that address the issue of changing work weeks and the implication of possible inadvertent overtime -- 29CFR778.301 and .302.

But I don't necessarily that there is a problem in going from the 8/80, 14-day work schedule to the regular work week for ovetime purposes as described in 29CFR778.601.

In reading this provision on the 8/80 schedule for hospitals, I don't see it as a work week -- at least the regulation just identifies it as a "14-day period in lieu of the regular work week" upon which overtime is determined.

It seems to me that if your 14-day period coincides exactly with two regular work weeks there should be no problem in ending the 14-day schedule and going to the regular work week. In other words, if the 14-day schedule starts on Sunday at 12:01 a.m and ends 14 days later at 12 midnight on Saturday, then the regular work week should go from 12:01 a.m. Sunday to seven days later at 12 midnight on Saturday. If your 14-day period begins and ends on other days, it seems to me, you just change at the end of the 14-day period and begin the regular work week at that point.

As I said, i'm not sure that you have a problem in changing that would be affected by .301 and .302 but just in case start the work week at then end of the 14 day period.

But all this is a lay person's assessment.

To take a look at the regulations above click on the following link:

[url]http://www.access.gpo.gov/nara/cfr/waisidx_98/29cfr778_98.html[/url]

Nat

I am also in a health care setting that uses the 8/80 rule on some but not all positions. We recently changed an employee from the 8/80 to the 40 hour work week. It is my understanding from my attorney that you can do this as long as there is agreement between employee and co. and it is documented in their personnel file.