[authors: Alexandra Bak-Boychuk, David S. Fryman, John B. Langel, Kaitlin E. Picco]

A newly enacted amendment to the Pennsylvania Minimum Wage Act expressly permits the use of the 8-80 method of calculating overtime, making clear that this method is permitted not only under federal law, but state law as well.

Many health care employers in Pennsylvania—including assisted living, skilled nursing, and long-term care providers—have long calculated overtime using the 8-80 method provided for under the federal Fair Labor Standards Act (FLSA), which permits payment of overtime to applicable non-exempt employees for all hours worked in excess of eight hours in a workday or 80 hours in a 14-day period. The new law amends the Pennsylvania Minimum Wage Act to mirror the FLSA by providing Pennsylvania health care employers the option of using the 8-80 method.

The legislation no doubt was in response to a number of recent class-action suits challenging the permissibility of the 8-80 method under Pennsylvania’s Minimum Wage Act. The law, signed by Governor Corbett on July 5, took effect immediately.

If you have questions about the amendment or would like to discuss this issue further, please contact John B. Langel at 215.864.8227 or langel@ballardspahr.com, David S. Fryman at 215.864.8105 or fryman@ballardspahr.com, Alexandra Bak-Boychuk at 215.864.8123 or bakboychuka@ballardspahr.com, or Kaitlin E. Picco at 215.864.8343 or piccok@ballardspahr.com.