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Training pay and overtime California

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  • Training pay and overtime California

    Hello ,

    I have a question about training pay and overtime . My employer requires training some time for two hours a week . The problem is that is pushes us in to overtime. The training pay is at 8 .00 per hr and the reg rate of pay is 10.50 per hr. Here is the way we are paid for a 40 hour work week plus 2 hour of training .

    38 reg hrs @ 10 50
    2 hrs of over time @ 15 .75.
    2 hrs of training [email protected] 8.00

    Now we actual perform regular work for 40 hrs a week 8 hrs a day.This does not seem right to me? Since the training is what is causing the over time . i think it should be paid at the regular rate ? should the two hours of training pay be at the regular rate as well ?

    Thanks

    Interceptor

  • #2
    The law (FLSA/CLC) uses a different calculation method then you. What is sometimes called a "weighted average". Your example assumes that the law cares about what your normal rate of pay is, or what order you work the hours in. The law does not. The counts up all hours worked, then all dollars (before the overtime premium), and uses these number to determine the regular-rate-of-pay. The RRP times overtime hours times 50% gives the additional OT premium. Your 150% of normal rate of pay method only gives the right answer when there is a single rate of pay and no non-discretionary bonus payments.

    - 40 hours @ $10.50/hr = $420.00
    - 2 hours @ $8.00/hr = $16.00
    * Total wages before overtime premium = $436.00
    * Total hours worked = 42
    * Regular rate of pay is $436/42 = $10.38/hr
    * Total OT premium is 2 hours x $10.38/hr x 50% = $10.38
    ** Total wages due is $436.00 + $10.38 = $446.38
    http://www.dol.gov/whd/regs/compliance/whdfs23.pdf
    http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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