Overtime & FLSA

8 and 80 vs. 12-Hour Shifts for Nurses: Which Pays More?

For a nurse on 12-hour shifts, the 8 and 80 system almost always pays more than two 40-hour workweeks. On 8-hour shifts it can pay less. Here is the arithmetic, at the same hourly rate, for five hospital schedules.

Abdul BaseerAuthorPublished ·Updated ·Sources checked ·9 min read

The short answer

On 12-hour shifts, 8 and 80 pays more, about $400 more over 14 days at $40 an hour, because every hour past eight in a day is overtime, even in a week under 40 hours.

  • Seven 12-hour shifts produce 28 overtime hours under 8 and 80 and only 8 under the 40-hour method.
  • On 8-hour shifts the result flips: 80 hours spread 6 + 4 pays $160 less under 8 and 80.
  • The nurse does not choose. Only a qualifying hospital or residential care employer may use it, under an agreement made before the work.
On this page
  1. Five schedules compared
  2. 12-hour shift overtime pay
  3. When 8 and 80 pays less
  4. What a night differential does
  5. Who can use 8 and 80
  6. State rules
  7. Questions
  8. Sources

The short answer: does 8/80 overtime pay nurses more?

The 8 and 80 method produces more overtime pay on schedules built from long shifts, and that is the normal hospital pattern. It does not always pay more. Every figure below uses the same $40 regular rate, the same hours, and federal rules only, so the only thing changing is the overtime method. The $40 is a round illustrative number, not a sourced wage.

Gross pay over one 14-day period at $40 an hour

Seven 12-hour shifts84 h · 3 + 4
8 and 80: $3,920
40-hour weeks: $3,520
Six 12-hour shifts72 h · 3 + 3
8 and 80: $3,360
40-hour weeks: $2,880
Eight 10-hour shifts80 h · 4 + 4
8 and 80: $3,520
40-hour weeks: $3,200
Ten 8-hour shifts80 h · 6 + 4
8 and 80: $3,200
40-hour weeks: $3,360
Twelve 8-hour shifts96 h · 6 + 6
8 and 80: $4,160
40-hour weeks: $4,160
8 and 80 (14-day period) Standard two 40-hour workweeks
Read it this way: the teal bar is longer wherever shifts run past eight hours. The two methods meet only when the daily overtime and the weekly overtime happen to count the same hours.
The same five schedules as a pay table14 days, same hourly rate
ScheduleHoursOT hours8 and 80 pay40-hour payDifference
Seven 12-hour shiftssplit 3 + 48428$3,920$3,520+$400
Six 12-hour shiftssplit 3 + 37224$3,360$2,880+$480
Eight 10-hour shiftssplit 4 + 48016$3,520$3,200+$320
Ten 8-hour shiftssplit 6 + 4800$3,200$3,360−$160
Twelve 8-hour shiftssplit 6 + 69616$4,160$4,160$0
Illustrative gross pay, not take-home pay. Both columns use the same $40 regular rate and exclude differentials, bonuses, taxes, deductions and state rules.

Example 1: 12-hour shift overtime pay for a nurse

A nurse works three 12-hour shifts in the first week and four in the second. Same 84 hours, same $40 rate, two different overtime methods. The schedule itself shows why they diverge.

Where the overtime hours sit: seven 12-hour shifts

Week 136 h worked

Week total against the 40-hour line: under 40, no weekly overtime

Week 248 h worked

Week total against the 40-hour line: 8 h over 40

First 8 hours of a shift Hours past 8 in a day: overtime under 8 and 80 Hours past 40 in a week: overtime under the standard method
The whole argument in one picture. Under 8 and 80, the teal caps are overtime: 4 hours on each of 7 shifts, so 28 hours. Under the 40-hour method only week two crosses 40, by 8 hours, and week one contributes nothing at all.

8 and 80: one 14-day period

Straight time, 84 h × $40$3,360.00
Overtime hours (daily, past 8)28
Hours past 80 counted againnone
Premium, 28 h × $20$560.00
Gross pay$3,920.00

Standard method: two 40-hour weeks

Straight time, 84 h × $40$3,360.00
Week 1: 36 h, overtime hours0
Week 2: 48 h, overtime hours8
Premium, 8 h × $20$160.00
Gross pay$3,520.00
8 and 80 pays more over these 14 days+$400.00
The premium is $20 an hour, not $60, because straight time for all 84 hours is already in the first line. Half the regular rate is what overtime adds on top.
Where other articles get this wrongFour of the 84 hours are also above 80, so it is tempting to add 28 + 4 and report 32 overtime hours. That double counts. A premium already paid for a daily overtime hour is credited against what is owed for hours past 80, so the answer is 28 hours.

Example 2: When 8 and 80 pays less

Now the same employer, the same $40 rate, and a traditional 8-hour schedule: six shifts in the first week, four in the second. That is 48 hours, then 32, which makes 80 hours in total, the same as the 10-hour schedule above.

Where the overtime hours sit: ten 8-hour shifts

Week 148 h worked

Week total against the 40-hour line: 8 h over 40

Week 232 h worked

Week total against the 40-hour line: under 40, no weekly overtime

First 8 hours of a shift Hours past 8 in a day: none on this schedule Hours past 40 in a week: 8 hours in week 1
No day passes eight hours, so 8 and 80 finds no daily overtime, and 80 hours does not exceed 80. The standard method sees week one cross the 40-hour line by 8 hours.

8 and 80: one 14-day period

Straight time, 80 h × $40$3,200.00
Hours past 8 in any day0
Hours past 80 in the period0
Premium$0.00
Gross pay$3,200.00

Standard method: two 40-hour weeks

Straight time, 80 h × $40$3,200.00
Week 1: 48 h, overtime hours8
Week 2: 32 h, overtime hours0
Premium, 8 h × $20$160.00
Gross pay$3,360.00
8 and 80 pays less over these 14 days−$160.00
This is why a blanket claim that 8 and 80 benefits employees is wrong. What decides it is how the hours fall across days and across the two weeks.

What a night differential does to the comparison

Shift differentials and non-discretionary bonuses go into the regular rate, and that is where the two methods part company a second time. Under 8 and 80 the rate is averaged across the whole 14-day period, so a differential earned on any shift lifts the rate paid on all 28 overtime hours. Under the standard method each week has its own rate, so a differential earned in a week with no overtime lifts nothing.

The same seven 12-hour shifts, with a $5 an hour night differential moved around:

Seven 12-hour shifts, 84 hours, $40 base, $5 night differential
Where the differential fallsRegular rate
under 8/80		8/80 gross pay40-hour gross pay8/80 advantage
No differential$40.00$3,920$3,520+$400
Week 1 shifts only: the week with no weekly overtime$42.14$4,130$3,700+$430
Week 2 shifts only: the week that crosses 40$42.86$4,200$3,780+$420
All seven shifts$45.00$4,410$3,960+$450
Adding a differential widens the gap in every arrangement, and it widens most when the extra pay lands in the week that never reaches 40 hours. Figures are computed with the Baseer Tools 8 and 80 engine; your own differential rules may differ.

Who can use 8 and 80, and which nurses get overtime at all

Section 7(j) of the Fair Labor Standards Act is not open to every employer of nurses. It is limited to hospitals and establishments engaged in the care of people who reside on the premises, and three conditions decide whether a comparison like the one above is even relevant.

  • A fixed 14-day work period. Fourteen consecutive 24-hour periods, regularly recurring, able to start at any hour of any day. An employer may change it only if the change is permanent and is not made to avoid overtime.
  • An agreement reached before the work. Federal rules do not require it in writing. If it is not written, the employer must keep a memorandum of its terms, the date it was made, and how long it stays in effect.
  • One system per employee. An employer may run the 40-hour method for some staff and 8 and 80 for others, but not both for the same person.

Eligibility is only half the question. The arithmetic matters only for nurses entitled to overtime in the first place. The Department of Labor’s Fact Sheet #17N states that registered nurses paid hourly should receive overtime pay; that registered nurses paid on a salary basis of at least $684 a week who also meet the duties requirements may be classified as exempt; and that licensed practical nurses generally do not qualify as exempt and are entitled to overtime. That salary figure is set by federal rulemaking, so confirm the current number on the fact sheet.

If you want the method rather than the comparisonOur step-by-step walkthrough covers the formula, the daily-overtime credit and a worked period: how to calculate 8 and 80 overtime.

Do state overtime laws change the result?

Yes, and in California they can reverse it. Federal arithmetic does not settle a state-law question, and a 12-hour hospital schedule is exactly the case where states diverge.

California DIVERGES

On a validly adopted healthcare alternative workweek, a nurse may work up to 12 hours a day inside a 40-hour week with no daily overtime, the opposite of the federal 8 and 80 result. A separate, narrow provision lets hospitals and residential institutions use a 14-day period, with overtime past 8 hours a day and past 80 in the period, and double time past 12 hours a day.

To 12 h/day
No daily overtime, on a valid schedule
Past 12 h/day
Double time
Past 40 h/week
1.5 ×

New York 40 / 44

The state rule requires 1.5 times the regular rate after 40 hours a week, or after 44 hours for residential employees, in the manner and methods of the FLSA. The regulation does not mention a 14-day hospital period, so confirm with the state labor department which rule covers your employer.

Non-residential
Past 40 h/week
Residential
Past 44 h/week

Texas FEDERAL

Texas relies on the federal FLSA for overtime. A covered employer follows the federal 40-hour rule, and a covered hospital may use section 7(j) on the conditions above.

Threshold
Past 40 h in a 7-day week
14-day option
Federal section 7(j), covered hospitals

Other states set their own rules. Do not assume an arrangement that is valid under federal law is valid for every employer in every state. If you are checking a California 12-hour schedule, the overtime rate adjustment calculator has a 12-hour option. For anything that affects a real paycheck, speak to your state labor department or a qualified employment professional.

Run your own 14 days

8 and 80 overtime calculator

Enter your hours day by day for the period, add your rate and any differentials, and see which hours count as overtime, next to what the same hours would pay under two 40-hour workweeks.

Open the free calculator

Before you use a result to question a paycheck, confirm which system legally applies to your job, whether the employer meets the conditions for 8 and 80, and whether your state requires more.

Frequently asked questions

Do 12-hour shifts always pay more under 8 and 80?

Almost always, at the same hourly rate, because each 12-hour shift carries four hours of daily overtime that a 40-hour week only counts if the week itself passes 40 hours. The exception is a period where the weekly overtime happens to cover the same hours: twelve 8-hour shifts split 6 + 6 pays the same either way.

Can 8 and 80 pay less than the standard 40-hour method?

Yes. Six 8-hour shifts followed by four 8-hour shifts produces no federal overtime under 8 and 80, while the standard method finds eight overtime hours in the first week, which is $160 more at $40 an hour. State law may change the outcome again.

Does 8 and 80 require a written agreement?

Not under the federal rule. An agreement or understanding must exist before the work is performed. If it is not in writing, the employer must keep a memorandum summarising its terms, when it was made, and how long it remains in effect.

Does a night differential change which method pays more?

It widens the gap in favour of 8 and 80. Under 8 and 80 the regular rate is averaged over all 14 days, so a differential lifts the rate paid on every overtime hour in the period. Under the standard method each week has its own rate, so a differential earned in a week that never reaches 40 hours adds no premium at all.

Do salaried nurses get overtime?

It depends on classification. The Department of Labor’s Fact Sheet #17N states that hourly registered nurses should receive overtime pay, that salaried registered nurses paid at least $684 a week who meet the duties requirements may be treated as exempt, and that licensed practical nurses generally do not qualify as exempt. Confirm the current salary threshold on the fact sheet, because federal rulemaking changes it.

Is 8 and 80 allowed in California for 12-hour shifts?

The federal option is very narrow there. California’s own 14-day provision reaches hospitals and institutions caring for people who live on the premises. Most California hospitals use a healthcare alternative workweek instead, where up to 12 hours a day carries no daily overtime and hours past 12 are paid at double time.

Can this comparison prove my employer underpaid me?

No. It estimates overtime from the hours and rate you enter. It cannot settle employer eligibility, the agreement requirement, your exemption status, state law, or every payroll adjustment on your statement.

Official sources

The regulations and fact sheets below were opened and read on 26 Oct 2026. Every pay figure on this page was computed with the same 8 and 80 engine as the calculator. The next check is due by 26 Apr 2027, or sooner if a rule changes.

Keep reading

MethodHow to calculate 8 and 80 overtimeThe formula, the daily-overtime credit, one worked period.Tool8 and 80 overtime calculator for nursesA 14-day grid with differentials and a 40-hour comparison.ToolOvertime rate adjustment calculatorHas a California tab with the 12-hour healthcare schedule.

This article is for general educational purposes and is not legal advice. Actual overtime entitlement depends on the applicable federal and state law, the employee’s classification, the employer’s eligibility, the agreement in place, and the details of the work performed. See the disclaimer. Found a mistake? Tell us.