Accounting, Payroll & Pension Issues/Home Study - Clinical Specialty Program

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Question
We are a nursing home/rehab Company.  We have created a 6 part clinical specialty program for our Nursing staff on how to handle certain situations in cardiac, ortho and pulmonary.  It is required company training.  The original idea was for them to complete the program while on the clock, a section at a time over two weeks.  The completion ratio is very low so they are wanting to switch it to a Home Study program.  The employee can login to the webinar at home and complete the questionnaire.  The question we have is about the time completing the program at home.  Do we pay them hourly and take into account overtime if the home study puts them over 40 hours for the week?  Or can we pay per home study completed - like $25 per completion.  Our facilities are located in Texas and Oklahoma.

Answer
If it is for work and mandatory than you have to pay for the time.

In Texas you can have an agreement to pay less for the course than regular wages but you have to have a policy written up and it has to be conveyed ahead of time to the employees. Here are the rules for paying for the class in Texas.

http://www.twc.state.tx.us/news/efte/g_meetings_training.html

In Oklahoma they have a specific rule for this. It appears that if it benefits the employer than at least minimum wage must be paid.

http://www.ok.gov/odol/documents/WHWageLawBooklet2011.pdf
It is a long document, however, you can find the following paragraphs on page 22 or the booklet.

380:30-1-12. Payment for training required by employer
(a) If an employer requires an employee to undergo training and/or attend classes prior to employment or concurrent with job duties, and such training is provided by the employer or is held at the place of employment, the employer cannot charge the employee for the cost of the training, and must also pay the employee at least the current minimum wage for all hours of training required.
(b) If the employer contracts with a third party to provide training away from the workplace, or requires the employee to obtain outside training, the employer is not required to pay wages for the employee’s attendance, although the employer may elect to do so. The party whom the training benefits shall bear the cost thereof, as follows:
(1) If the training is specific or proprietary to the current employer, and is not required by a third party for the employee to work in that particular occupation, then the training is considered to benefit the employer and the employer shall bear the cost thereof.
(2) If completion of the training will result in procurement or renewal of a professional license or certification for the employee, which stays with the employee and is portable to other employers in the same field or business, then the training is considered to benefit the employee, and the employee shall bear the cost thereof; provided, the employer may choose to pay for the training if the employer so desires.
(c) This section shall not apply to any apprenticeship program registered with the U.S. Department of Labor’s Bureau of Apprenticeship and Training.
22

I hope this helps.

Shirley

Accounting, Payroll & Pension Issues

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Shirley McAllister, CPP, PHR

Expertise

I can answer payroll questions, payroll tax questions, 401K questions. No stock option questions please and I have some knowledge of other pensions but am most familiar with the 401K pension. I can answer U.S.and Canada payroll questions proficiently and have a good general knowledge of UK and South Africa and some knowledge of Australia and New Zealand Payroll procedures. Please do not ask me homework questions I do not have time to answer them.

Experience

25 years with an international company in the Human Resources, Payroll and Payroll Tax areas.

Organizations
SHRM, APA, I.O.M.A.

Publications
I.O.M.A. and BNA

Education/Credentials
P.H.R., C.P.P., Canadian Payroll Administrator, Successfully passed APA class on UK Payroll Administration. Boise State University Human Resource Certification

Awards and Honors
APA Hotline Citation of Merit for last 8 years.

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