Answers from Bent/Erickson
QUESTION: When an employee attends a continuing education event (CE), does that time count toward overtime?
ANSWER: Yes. Travel time and seminar time are both considered “work” under the Fair Labor Standards Act (FLSA). All hours worked performing normal duties during the week the CE event is attended, plus all hours spent traveling (if applicable), and hours spent in the training will be added together for total hours worked. If that total is above a daily and/or weekly overtime threshold (over eight and/or over 40 depending on the state), overtime must be paid.
QUESTION: When an employee attends a CE event, is paid a Different Capacity Work Rate (DCWR), and works overtime for the week, what rate is used to calculate time and one half?
ANSWER: When an employee, in a single workweek, works at two or more different types of work for which different straight-time rates have been established, the regular rate for that week is the “weighted average.” That means that the straight-time earnings from all hours worked (including overtime hours) at each different rate are added together and the total is divided by the total number of hours worked at all jobs. The employee is due one half of that rate for all overtime worked.
QUESTION: Am I required to pay for a holiday if it falls on a normal day off for employees?
ANSWER: By law, no, but your policy may dictate otherwise. Most dental practices deny holiday pay when it is a non-work day for employees. But this must be specified in a holiday policy first. The policy should clearly state that no pay will be provided when the holiday is not a normal day of work. Once established, all employees should be treated the same.