Complete Labor Law Poster for $24.95
from, includes
State, Federal, & OSHA posting requirements


No announcement yet.

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

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • 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.
    Section 778.115
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.