Legal Question in Employment Law in Pennsylvania

overtime pay
If a nursing home was using the 8 and 80 overtime rule for paying overtime, can they switch to the anything over 40hrs in a week ruling to avoid paying overtime to current employees working scheduled 12 and 16 hr shifts and the employees are full time? The 8' and 80' rule for hospital and nursing homes states that ''with whom they have a prior agreement with they can use that rule to pay overtime. Does paying an employee for a period of time (13yrs) and a verbal statement that they are being paid that way constitute ''a prior agreement'' as tated in the wage and hour guideline for nursing homes/hospitals? Can they decide to pay an current employee by the 40hr rule to avoid paying overtime to staff whom are scheduled 12 and 16 hrs in a day and are full time employees?

Asked on 3/03/09, 4:34 pm

Daniel Cevallos Cevallos & Wong, LLP

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Re: overtime pay

The nursing home may have violated the FLSA. Definitely give us a call to discuss your wage and hour claim.

-Danny Cevallos

267.639.3105

Answered on 3/03/09, 8:09 pm

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