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8/80 rule in group practice
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8/80 rule in group practice
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My understanding is that the FLSA has been amended to allow hospitals to use an 80 hour workweek (8 hours a day or 80 hours a week). Is this true and, if so, under what conditions? More important (for
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8/80 rule in group practice
posted at 7/22/1999 2:26 AM EDT
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Posts: 7
First: 6/28/1999
Last: 12/1/1999
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My understanding is that the FLSA has been amended to allow hospitals to use an 80 hour workweek (8 hours a day or 80 hours a week). Is this true and, if so, under what conditions? More important (for my purposes)-- does this exception apply equally to a medical group practice that is NOT a department of a hospital? If so, under what conditions? Thank you and the readers of this forum in advance for your help.
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8/80 rule in group practice
posted at 7/26/1999 12:57 AM EDT
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Posts: 2217
First: 6/16/1999
Last: 12/13/2001
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Take a look at Section 207(j) of the FLSA. At least as of May 11, 1998 (date of my copy of the statute), it provided that a hospital does not violate FLSA's maximum hours provision if the employer and employee agree before the work is performed that a work period of 14 days rather than 7 will be used for overtime compensation, "if, for his employment of eight hours in any workday and in excess of eighty hours in such fourteen-day period, the employee receives compensation at a rate not less than one and on-half times the regular rate...."
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8/80 rule in group practice
posted at 7/26/1999 1:56 AM EDT
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Posts: 7
First: 6/28/1999
Last: 12/1/1999
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I understand your reference and have reviewed the same. My situation is that we are NOT a "hospital" NOR "an extended care facility" BUT a medical group practice. Do you have any knowledge of whether the "8 and 80" rule has been extended to other health care facilities (especially, for my purposes, medical group practices). Thank you.
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8/80 rule in group practice
posted at 7/27/1999 6:24 PM EDT
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Posts: 2217
First: 6/16/1999
Last: 12/13/2001
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I haven't seen anything on this other than the language of the statute itself, which applies to "an institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises...." This last clause sounds like it might be an issue for you. Feel free to e-mail me with further info.
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8/80 rule in group practice
posted at 7/29/1999 6:27 PM EDT
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Posts: 7
First: 6/28/1999
Last: 12/1/1999
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Thanks...I think that settles my question and confirms my suspicions.
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