If an employer requires you to attend training for your new job or a new position, you must be paid overtime for all of the hours you work over 40 in a work week during your training period.
Training claims can be broken down into two categories:
(1) employees who will be exempt once they complete training and start working in the position they trained for (these are salaried employees); and
(2) employees who will be non-exempt once they complete training and start working in the position they trained for (these are usually hourly employees).
For exempt employees (category #1 above), if you are paid a salary and train for more than 40 hours in a workweek, you are entitled to be paid for the overtime hours worked during each week of training.
Example:
- Company ABC hires you as an Outside Sales Representative with a salary of $1,000/week or commission based. Company ABC requires that you complete its three-week training course before you start working as an Outside Sales Representative. During the first week of training, you work 45 hours attending classes, reviewing modules, and studying for the tests the Company requires you to pass. You are entitled to five (5) hours of overtime, even though you will be an exempt employee once you start working as an Outside Sales Representative following training.
For non-exempt employees (category # 2 above), if you are paid by the hour during training but are not paid for allof the hours you trained, you are entitled to be paid overtime for the hours over 40 you worked during each week of training.
Example:
- Company XYZ hires you as an hourly Customer Service Representative at $15/hour. Company XYZ requires that you complete its three-week training course before you start working as a Customer Service Representative. During the first week of training, you work 45 hours attending classes, reviewing modules, and studying for the tests the Company requires you to pass. However, the company only pays you for 40 hours. You are entitled to five (5) hours of overtime, even if you performed some of the overtime work — such as reviewing materials and studying — after work hours or at home.
In both examples, the employee is entitled to overtime because employees are generally entitled to be paid for all overtime they worked while in training, even if that work occurs after business hours or away from the office.
Bottom line:
If you worked more than 40 hours per week while in training for your job, then you are entitled to overtime for all hours worked over 40 each week of training, regardless of whether you ultimately will be overtime-eligible once you complete training and start working in the position for which you trained. If you would like to learn whether you have a claim for unpaid overtime, contact Shavitz Law Group at [email protected].