Co. Sponsored/Required Training

hr2k2

A private company (non-union and Wage & Hour regs is the FLSA - i.e., no state one) requires its non-exempts to attend training that'll caused employees work hours to exceed 40 hours in regular work week. For example, workweek is Monday to Sunday. Employees normally work eight hrs/day, Monday to Friday work schedules.

1. If the training is scheduled to be the next day after week's 40 hrs (e.g., Sunday for eight hours). Is the eight hours paid at overtime rate????

2. If the training is on Thursday (also eight hours) and by end of Friday workday employees have accumulated a total of 40 hours (eight hrs. training inclusive) and scheduled to work eight hours Saturday. Is Saturday's eight hours considered overtime???

Hope legal folks could share their answers with explanations. Thanks in advance. bb.

Hatchetman

Since you say the training is REQUIRED, even though it is occurring on a Sunday [which is inclusive of the Monday through Sunday work week you have], then it has to be counted as work time. Since the non-exempt employees would have put in the 40 hours of work in the work days, Monday through Friday, then the 8 hours of training that occurs on the following Sunday, as part of that same work week, would be considered overtime. Training outside of regular work hours may or may not be considered work time. However, under DOL regulations related to FLSA, if that training is "required" by the employer, then it must be considered work time. You can review the matter by going to the US Department of Labor website, and checking on the FLSA regulations found in the Wage and Hour Division.

All hours worked in the workweek, which for your company is Monday 12:01 a.m. through Sunday 12 midnite, count toward determining overtime. If by Friday, the employees have put in the 40 hours and that included training as part of the job, then the hours they work on Saturday would be overtime.