Paid training rules can affect wages for job orientations, meetings, classes, and required work-related courses. See when training must be paid, when exceptions may apply, and how employees can document unpaid hours.
By Brad Nakase, Attorney
Email | Call (888) 600-8654
Have a quick question? I answered nearly 1500 FAQs.
Many employers behave as though “real job” and training are two different things. However, time spent in regular meetings, classes, and training is usually regarded as work time under wage and hour regulations, and work time is meant to be compensated.
This article discusses the fundamental guidelines, typical circumstances under which training should probably be compensated, and a few specific exceptions.
First of all, businesses are required by California law to compensate workers for all hours performed. This can include time spent on meetings, orientation sessions, presentations, training courses, and other such activities in addition to your usual work.
Unless each of the following is valid, time spent in a conference, lecture, or course of study counts as working time under the federal regulations that California normally adheres to:
The time is typically regarded as hours worked if a single one of those is absent.
Therefore, if your company mandates that you attend training or makes it obvious that you must finish it in order to perform your work, that time usually has to be tracked and compensated rather than being considered “free.”
A training is typically regarded as “directly related” to your employment when it is intended to improve your performance in your current position. For instance:
On the other hand, a general education class or a program that primarily trains you for a distinct, higher-level job might be handled differently, particularly if you enroll on your own accord outside of work hours.
The law states that unless all four requirements for unpaid time are satisfied, time spent in meetings, classes, and training sessions is typically regarded as hours worked. However, it does not identify every possible kind of training. Questions about whether jobs have to pay you for training are especially common among first-time job seekers.
The following real-world instances usually fall into the “should be paid” category:
1. Online training modules that are necessary
You are instructed to “do these instructional videos during this week” or “do these modules ahead of your first day.”
If those courses are about how to execute your job and are necessary for you to begin or continue working, then that time is typically directly tied to your work and not really voluntary. Seldom does it meet all four requirements for unpaid training.
2. Orientation for New Hires
Learning business policies, seeing videos regarding how the workplace functions, being taught how to use tools or systems, or participating in obligatory group presentations are some examples of orientation activities.
In many situations, you already participate in activities that benefit your employer. According to the usual principles, it appears to be hours worked rather than “free time” that the employer can disregard. It’s worth finding out whether jobs have to pay you for training before accepting a job offer.
3. Training Needed Right Before or Right After a Shift
Workers may occasionally be instructed to show up early or continue late for mandatory training, but they are not required to clock in till the normal shift.
When preparing or closing tasks are essential to the job or mandated by the employer’s policies, they are considered part of the workday, according to guidelines on hours spent.
If you are required to be there & pay close attention to job-specific instruction that helps you carry out your responsibilities, this usually indicates that the time is being viewed as work time and cannot be disregarded by the employer.
Training time may be lawfully unpaid in certain circumstances. They are far more limited than many employers believe.
1. Voluntary Programs and Classes
Even if the subject matter is relevant to your job, you are typically not considered to have worked hours for the company if you independently decide to attend a course, lecture, or session at an educational institution or training facility outside of business hours.
In a similar vein, if your employer organizes a training program that is essentially the same as what you may receive at a reputable institution, and you choose to attend it outside of regular business hours without any pressure or repercussions if you don’t, that time might not be considered work time.
2. Training Needed in Compliance with Employer and Licensing Regulations
There is also a difference between training mandated by an employer and training mandated by licensing regulations. That time may not be considered work time for a specific employer if the legislation or a licensing authority requires you to finish specific training to obtain a license in your line of work, and the other requirements for unpaid training are fulfilled. However, such a time is typically regarded as work time if the employer is obligated to train its employees and you are participating in that training on behalf of that employer.
3. Specific remedial education and apprenticeship
If certain requirements are met but the apprentice fails to function productively during that training, related instruction in class may occasionally be omitted from working time in a legitimate apprenticeship program.
Similarly, the law may regard certain remedial or basic education differently, including limited choice in how a portion of those hours worked is tallied for overtime reasons, such as preparing for a GED-type credential. Employment regulations often determine whether jobs have to pay you for training provided by the employer. The issue of whether jobs have to pay you for training depends on many factors.
Although these are more specific circumstances, they show that training time isn’t always handled uniformly in all settings.
The overall significance of these regulations is:
It can be worthwhile to seek particular guidance regarding how these regulations apply to your circumstances if you have devoted a significant amount of time to mandatory, work-related training without having that time represented on your paychecks.
You might begin by doing the following if you’re worried that you weren’t compensated for training that ought to have been considered work time:
The aforementioned guidelines are fact-based. You can talk to a credible attorney to clarify your alternatives and help you implement them in your specific circumstance.
Have a quick question? We answered nearly 2000 FAQs.
See all blogs: Business | Corporate | Employment Law
Most recent blogs:
Contact our attorney.