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Employment Law/trianing wages for non exempt employees

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Question
I work for an organization that requires all employees to maintain and be current on specified certifications. The training is on site and during normal working hours.  It is a condition of employment to maintain your certs.  The company does pay you for your time but at a wage training rate. Their training rate is defined as your hourly rate up to the maximum of $10 per hour. If your hourly rate is under $10 per hour you simply are paid your hourly rate.  If your hourly rate is over you are paid $10 for the training hours.  Is this legal to penalize employees whose rate is greater than the max training rate?  You basically take a mandatory pay cut when you have training hours.  Thanks

Answer
The Department of labor only requires that minimum wage be paid. The training does benefit the employee in that he is having his certification paid and training paid while he is still being paid.

If you are receiving 10.00 an hour you are receiving more than is mandated.

Shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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