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Different wage rate paid for "non-productive time", non-exempt, California California

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  • Different wage rate paid for "non-productive time", non-exempt, California California

    We employee field service technicians to perform repair and maintenance on our customers sites, often traveling to more than one site per day. Approximately once a month they are required to take the company provided service vehicle in to an approved vendor for an oil change. The company pays all costs of the vehicle service. The technician simply has to sit and wait for the truck to be serviced. Can we pay the technician a different wage rate while he is sitting and waiting for the oil change as long as we pay at least minimum wage and any applicable overtime?

  • #2
    Yes, that is legal. The employee needs to be notified of the difference ahead of time.

    See here for the standard calculation of overtime premium when an employee is paid two different rates.
    http://ecfr.gpoaccess.gov/cgi/t/text....2.38.2.166.16
    Section 778.115
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