When you build a shift schedule in the US, two kinds of rules matter most: overtime, set at the federal level, and rest between shifts, set by some states and cities. This guide sums them up. It’s general information, not legal advice: check the rules that apply to your state, city and industry.
The 40-hour overtime rule
Under the Fair Labor Standards Act (FLSA), non-exempt employees must be paid at least one and a half times their regular rate for hours worked over 40 in a workweek.
- The workweek is a fixed, regularly recurring period of 168 hours (seven consecutive 24-hour periods). It doesn’t have to start on Sunday, but it must stay the same.
- Hours can’t be averaged across weeks: 36 hours one week and 48 the next means 8 hours of overtime in the second week, even though the average is 42.
- There’s no federal daily overtime, but some states have it: California, for example, requires overtime after 8 hours in a day.
This is why 12-hour rotations like Pitman and DuPont usually include some overtime: they average about 42 hours, with some weeks well above 40.
The 8/80 exception for hospitals
Hospitals and residential care establishments can agree with their employees to use a 14-day period instead of a workweek, paying overtime for hours over 8 in a day or 80 in the 14-day period. It’s an option, not an obligation, and it requires an agreement before the work is done.
Rest between shifts and “clopening” laws
There’s no federal rule requiring rest between shifts. But a growing number of places have predictive scheduling or “fair workweek” laws that, among other things, require extra pay when someone works a close followed by an open without enough rest. Examples include Oregon, Seattle, Chicago, New York City (fast food), Philadelphia and Los Angeles (retail), with required rest periods typically between 9 and 11 hours. These laws usually apply only to certain industries and employer sizes, and they also cover things like posting schedules in advance.
Putting it into practice
- Set a minimum rest period between shifts, even where it isn’t required: around 10 hours is a common choice.
- Track overtime per workweek, not on average.
- Share nights and weekends fairly so overtime doesn’t always fall on the same people.
The free schedule maker checks the rest period between shifts as it assigns them, tracks overtime above 40 hours for each Sunday-to-Saturday week, and lets you change both to match your rules.
This article is for general information only and isn’t legal advice.