After 40 hours temp agencies are required to pay temps over time at time and one half. Now, the nature of temping is that temps can work for different clients at different rates during the week in which they are eligible to recieve over time pay.

There was a practice by this agency to claim that the OT paymenent at time and one half should be made at a RATE which was the "Averge Pay Rate" for the temp for the week (rather than at the pay rate which was in effect on the 41st hour).

Let's say you have worked all week for this agency and you are on a job on second shift working at $25.00 per hour when over time kicks in. Instead of paying over time based on $25.00/hr, the agency calculated your "Average Pay Rate" for the week, based on the various rates you were paid by various clients on various shifts, and paid over time at THAT "Average Pay Rate".

According to my source, a group of temps complained about this "Average Pay Rate" thing and are now being given settlements. Something which the agency had denied to me (would an agency actually lie to me?)

My impression is that the agency in question got the idea of this practice from the "association" and maybe everyone in the association was using the practice and now owe temps money.