Question about regular pay rate vs. overtime

[isis297]

What is the name of your state? NY

I am an admin who processes our payroll through a payroll processing company. I want to make sure that I am following the law when it comes to regular pay rate vs overtime.

I know that if an employee works for 35 hours and gets 8 hours of holiday pay, that pay is all at regular rate because it is hours worked over 40 that get paid at time and a half.

At this time, some of our employees are taking an online, self paced course to get a certification. They are being paid for their time of course. The question is, would that time be paid at regular pay because it's a licensing class the company is paying for for them or at overtime since they are taking this class in addition to their 40 plus hours they are putting in in the field?

Thank you.

 

[cbg]

Is the licensing required? And if so, is it required by the employer, by the State, or both?

 

[isis297]

Is the licensing required? And if so, is it required by the employer, by the State, or both?

I had to find out the answer. Compliance is mandatory for our industry under OSHA federal regulations.

 

[cbg]

In that case, it would be at straight time, not overtime. Technically, because the licensing is required by law, you would not need to pay them at all. That you are doing so, even at straight time, is all they can reasonably expect.

 

[PayrollHRGuy]

And if you have a pay code that you can use that is different than the one you pay normal hourly regular time under this would be a good time to use it or add it to your system.

It makes a later Wage audit much easier.

 

[LdiJ]

And if you have a pay code that you can use that is different than the one you pay normal hourly regular time under this would be a good time to use it or add it to your system.

It makes a later Wage audit much easier.

Seriously Ditto that one. It will help with your worker's comp rates as well.