Does My Employer have to Pay Wages for my Training Time?
Oregon wage and hour law determines whether attendence at “pre-employment training” is considered work time and whether that “pre-employment training” must be paid in wages. While it may be a little confusing, there are really two questions being asked. The first question is whether during the time covered by the “pre-employment training”, the person was actually an employee. The second question is whether the “pre-employment training” must be compensated.
Depending upon the facts, it is likely that the answer to both questions is yes. First, if the employer is having the employee learn their policies and procedures, they benefit from that work. In addition, the employer is requiring the training. Second, whether the “pre employment training” is worktime under Oregon law is decided by regulation. OAR 839-020-0044. As we interpret the Oregon Administrative Rule, if the “pre employment training” has some relationship with your future duties for the employer, then the “pre-employment training” must be paid as wages.
Some companies attempt to circumvent Oregon wage and hour law by providing extensive unpaid “pre employment training” to the employee. Presumably, they believe that by not officially hiring the employee until after the training they can avoid paying wages for the time the employee spends in the “pre-employment training”. However, by failing to pay any wages, they likely have violated Oregon’s minimum wage laws. This scheme of not paying wages for “pre-employment training” is very common in the truck driving and bus driving industries. When an employer fails to pay all minimum wages because the employee was required to attend the “pre-employment training”, the employee is likely due minimum wages plus a minimum wage civil penalty equal to 30 days of wages.
Pre-Employment Training” may also lead to an Oregon overtime wage claim
Oregon overtime law generally requires all employers to pay their employees overtime wages. Oregon overtime wage law generally defines overtime as all hours the employee works in excess of 40 hours in one week. When Oregon employees work overtime hours, they must be paid overtime wages. Some employees are exempt and do not need to be paid overtime wages. non exempt. However, most do. To determine whether an employee has worked overtime hours, all work time hours, including “pre-employment training” work hours, must be included. If you were a non-exempt employee and your employer worked you over 40 hours because of “pre-employment training”, you may be due overtime wages. Overtime wages under Oregon overtime laws mean that the Oregon employee is paid 1 ½ times their regular hourly rate of pay for all overtime hours worked. OAR 839-020-0030 Oregon Overtime Laws – OAR’s
My employer did not pay me for “pre-employment training”. Do I have a wage claim?
You probably have at least an Oregon minimum wage claim as described above. In addition, you may have an Oregon overtime wage claim depending upon the number of hours worked in the “pre-employment training” and the number of hours worked during the same week that was not training. In addition, if your employment has ended, you may also be able to bring an Oregon Late Pay Wage Claim. This could entitle you to penalty wages if all “pre-employment training” work time was not paid timely upon termination. The Late Pay penalty wages are calculated in the same manner as the Oregon minimum wage claim or overtime wage claim civil penalty. Thus, at $10.00 per hour employee could receive an additional $2,400 in penalty wages.
Oregon Wage Claim Attorneys
The Oregon wage claim lawyers (attorneys) at Schuck Law, LLC focus their law practice on wage claim lawsuits. Our Oregon wage claim lawyers (attorneys) regularly prosecute Oregon wage claim lawsuits for employees who were not timely paid their final wages. In addition to the claims for damages outlined above, an employee may also sue to recover their costs, disbursements, and lawyer (attorney) fees incurred in prosecution of the wage claim lawsuit. This allows the Oregon wage claim attorneys (lawyers) at Schuck Law, LLC to take most Oregon wage claim lawsuits on a contingency fee basis. This means, with minor exceptions that are within your control, that our Oregon wage claim lawyers (attorneys) require the employer to pay your lawyer fees when they recover wages or penalty wages for you.
Our Oregon wage claim attorneys (lawyers) prosecute wage claims and late final paycheck wage claims throughout Oregon, including but not limited to, Portland, Astoria, Beaverton, Portland, Bend, Clackamas, Coos Bay, Grants Pass, Hillsboro, Portland, Hood River, Klamath Falls, Lake Oswego, Oregon City, Portland, Madras, McMinnville, Medford, Milwaukie, Portland, Newberg, Oregon City, Portland, Sandy, St. Helens, Portland, Tillamook, and West Linn.
Google By David Schuck