ACT 109 OF 2012

(8/80 hours rule for hospitals/establishments engaged in the care of the sick, aged, or mentally ill; shift trading practices for employees of air carriers)

On July 5, 2012, Governor Corbett signed into law Act 109, which amends provisions of the Pennsylvania Minimum Wage Act. The amendment adopts the federal Fair Labor Standards Act’s “8 and 80” rule for individuals employed in hospitals or establishments primarily engaged in the care of the sick, aged, or mentally ill people. Under the 8 and 80 system, employers and employees can agree to calculate overtime on a 14-day, 80-hour work period rather than the traditional 40-hour workweek. Therefore, overtime wages are required when an employee works in excess of 8 hours in any workday and more than 80 hours in a 14-day work period.
 
Another provision added by Act 109 provides an overtime exemption for air carrier employees who work in excess of forty hours in a workweek as a result of a voluntary agreement among employees to trade scheduled work hours or air carrier employees who have collective bargaining agreements or other agreements that cover the required hours of work and compensation.
 
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