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Overtime / training pay Nevada

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  • Overtime / training pay Nevada

    I have a question about overtime pay. I work in a company where I have to attend mandatory meetings every other week. I am told to sign in for "training pay".

    I know after 40 hours a week I am supposed to be paid 1 1/2 times my regular rate. The work week starts Saturday morning @ 7AM and ends after the Friday grave shift. I am off Monday and Tuesday. The meetings are on Tuesdays. I sign in on the training time sheet.

    My question is this: once I hit 40 hours at 10PM Friday (for example) and I work until midnight, shouldn't the last 2 hours of my shift be time and a half?

    The reason I ask is the payroll dept will pay time and a half for the meeting. They pay that rate @ $8 at time and a half ($12) because that is what the training pay rate is. My normal OT rate is $25.60.

    Can my employer decide what is OT and pay the lower rate?


  • #2
    Not really, on the workweek. The workweek for purposes of overtime calculation is defined by the employer, not the employee's work schedule. It must start on a day/time certain and runs for 168 hours, thens starts over.

    Ask your employer when the official workweek starts.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Agreed, although to be clear nothing says that training time per se must be paid at the "normal" rate. However overtime premium is based on the average rate for the entire workweek, not the "normal" rate.

      Let's say that Bob works 30 hours @ $10/hr and 20 hours @ $15/hr during the workweek. That is $600 prior to the overtime premium. For THIS workweek, Bob's regular-rate-of-pay (RRP) is $12/hr, so the premimum pay for this workweek is $12/hr times 10 hours time 50% or $60. It does not matter if Bob's "regular" pay rate is $10/hr or $15/hr. The law really does not care. Overtime is based on RRP, not the "regular" rate.

      Having a different rate of pay for training or meetings is neither illegal or uncommon, at least as long as it is announced ahead of time.

      Regarding workweeks, most companies use exactly the same workweek for all employees. My last 4 employers used a workweek ending Sunday midnight even though none of them had employees working that shift or schedule.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)


      • #4
        There is one exception to what DAW explained. if specific rules are followed, whereby the employer can pay 1.5 times the lower rate of pay for such overtime hours as you describe, IF the hours at the lower rate of pay are already overtime.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.