| Overtime, straight time and other compensation for | | | | whether individuals are exempt from minimum wage |
| entering a trainee programs is often an area of | | | | requirements as trainees. |
| litigation. Training is often an area of litigation where | | | | In this specific case the training was provided at no |
| overtime claims are filed to demand not only payment | | | | cost, but it did promise or guarantee employment, but it |
| for overtime, but for straight time when wages are not | | | | was required before any employment would be |
| paid, because the rules are often misinterpreted. | | | | offered. The prospective employee had to also |
| Overtime lawsuits arise when individuals feel their | | | | comply with other company hiring requirements. |
| overtime rights have been violated, and sometimes | | | | The Divison of Labor Standards Enforcement also |
| they arise when trainees are unhappy because of | | | | noted that no work was required as part of the |
| training hours in excess of 8 hours per day. In many | | | | training. No work was performed directly or indirectly in |
| instances payment of wages is not required when the | | | | the participation for the private security operators. The |
| prospective employee is undergoing training. It depends | | | | participant's training is for their own advantage and at |
| on the specific circumstances of each individual case, | | | | not cost, which happens to be a requirement under |
| but it is usually a matter of determining if the training is | | | | federal and state laws that pertain to hiring interns |
| for the benefit of the employer or the trainee. One | | | | without pay. The fact that an offer of employment |
| particular area where training is required under | | | | could follow upon completion of the training program |
| California Law is in the private security guard industry. | | | | was determined to be insufficient to establish and |
| In a recent opinion letter the California Division of Labor | | | | employer employee relationship. |
| Standards Enforcement determined that no wages | | | | The Divison of Labor Standards Enforcement was |
| were due when training security officers for private | | | | satisfied that there was no employment relationship |
| security companies under new laws that purport to | | | | and therefore the trainee would not be entitled to |
| regulate the industry. The opinion was cautious and | | | | overtime pay, straight pay, or any benefits. The DLSE |
| tends to suggest that even though it can be used as | | | | also emphasized that a different result could ensue if |
| guidance it should not mean to be interpreted as | | | | there are assignments to work for, or individuals are |
| applying to all situations. | | | | allowed to work on behalf of, the training private |
| The opinion of the labor commissioner is that the time | | | | security operator, because the trainee would be |
| in the pre-employment training program does not | | | | engaged, suffered, or permitted to work by the |
| require wage compensation under the facts presented | | | | operator. |
| in your letter. The letter focused on the required | | | | The focus is therefore on whether or not the |
| security officer training in order to be a registered | | | | employee is engaged in activities that could be |
| security officer and not the licensing of a private | | | | construed as work done on behalf of the operator |
| operator. In rendering it is opinion the Division of Labor | | | | providing the training or if the training is for the benefit |
| Standards Enforcement relied on a test it regularly | | | | of the operator and not the trainee. |
| uses to evaluate training programs and determine | | | | |