Compressed Work Week: 4/10, 9/80 and 3/12 Schedules

A compressed work week fits a full-time schedule into fewer than five days. The usual versions are the 4/10 (four 10-hour days), the 9/80 (80 hours over nine days, with every other Friday off) and the 3/12 (three 12-hour shifts, common in hospitals). Weekly hours stay about the same, and employees get extra days off. Under federal law a compressed schedule creates no overtime as long as no single workweek goes over 40 hours. States with daily overtime, California above all, have extra rules. Below: the formats compared, the overtime rules by state, and how to roll one out.

Compressed work week formats compared

For the detailed setup of each, see the 4-10 work schedule, the 9/80 work schedule and the 12-hour rotations: 2-2-3, Pitman and DuPont. Our rotating shift schedule guide compares the 24/7 patterns.

Federal overtime rules

The Fair Labor Standards Act counts overtime by the workweek: a fixed, recurring 168-hour period that the employer sets (29 CFR 778.105). Each workweek stands on its own. Hours can't be averaged across two weeks (29 CFR 778.104). A compressed schedule with 40 hours in every workweek owes no federal overtime, however long the days are.

The 9/80 is where employers get caught. Weeks alternate between 44 and 36 hours unless the workweek boundary is moved to the middle of the 8-hour Friday. With the boundary at noon on that Friday, 4 of its hours fall in each week and both weeks come to exactly 40. Set the boundary in writing and configure payroll to match before the schedule starts.

Federal agencies run compressed schedules under their own statute and OPM rules (OPM, Compressed Work Schedules). Public-sector police and fire departments that use the FLSA 7(k) exemption count overtime over a work period of up to 28 days instead.

State daily overtime rules

California's alternative workweek election

1. 1Propose the schedule in writing for a defined work unit (a division, department, shift or job classification). Most wage orders cap regularly scheduled AWS days at 10 hours; some health care employers can schedule up to 12.
2. 2Disclose in writing how the schedule affects wages, hours and benefits, and hold a meeting on it at least 14 days before the vote.
3. 3Hold a secret-ballot election during working hours at the worksite. At least two-thirds of the affected employees must vote in favor.
4. 4Report the results to the Division of Labor Statistics and Research within 30 days of the results becoming final.
5. 5Wait at least 30 days after announcing the results before requiring anyone to work the new hours.
6. 6Pay overtime for hours beyond the scheduled day (up to 12) and beyond 40 a week, and double time after 12 hours.

Filed elections are public in the DIR alternative workweek election database. If the election rules are skipped, the AWS is invalid and every hour over 8 in a day is owed as overtime, going back to when the schedule started.

Holidays, PTO and part-time staff

• Holidays. If holiday pay is 8 hours and the employee was scheduled for 10, they're 2 hours short that week. Decide in advance: pay the scheduled hours, let them use 2 hours of PTO, or let them make up the time.
• PTO. Accrue and deduct in hours, not days. A day off on a 4/10 uses 10 hours of PTO.
• Holidays on a regular day off. On a 4/10 with Fridays off, a Friday holiday gives no benefit unless you give a substitute day. Say in the policy which you do.
• 3/12 schedules. Three 12-hour shifts come to 36 hours. Say in the policy whether 36 hours counts as full-time for benefits, and how PTO accrues on it.

Pros and cons

How to roll one out

1. 1Pick the teams where it fits. Check whether customers, vendors or other teams need someone available five days a week.
2. 2Choose the format: 9/80 for teams that need coverage most days, 4/10 when a shared day off works, 3/12 or 12-hour rotations for 24/7 work.
3. 3Check the state rules for every location where people on the schedule work, including remote employees.
4. 4Decide the coverage model: the same day off for everyone, or staggered days off.
5. 5Write the policy: workweek definition, holiday and PTO rules, how to request a return to a 5-day schedule, and how often the arrangement will be reviewed.
6. 6Update time tracking and payroll, especially the workweek boundary for a 9/80.
7. 7Run a 3-month pilot and measure output, overtime, absences and customer response. Decide on that data, not on anecdotes.

Scheduling tools handle day-off rotation and flag daily overtime automatically. Compare them in enterprise employee scheduling software and workforce management software.

Frequently asked questions