KJ McElrath  |  September 17, 2019

Category: Labor & Employment

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Workers who think they should be paid for mandatory training are often correct.Many workers may not know if they are entitled to be paid for mandatory training when they are first hired or for learning new on-the-job skills. Whether or not this is the case can depend on a number of factors, such as the reason for the training, when it is scheduled and whether or not it is required for your job. Other things that may impact the issue are state labor laws, company policy and if applicable, terms of a union contract.

Am I Entitled to be Paid for Mandatory Training?

Under the federal Fair Labor Standards Act (FLSA), an employer must pay workers for all time they are “on the clock.” This means that if you are required to attend training and it is directly related to your specific job, your employer must compensate you for your time. This also includes training that is conducted outside of your regular schedule unless participation is voluntary, according to the Office of Financial Management.

Are There Exceptions?

You may not be entitled to be paid for mandatory training if (a) the training is scheduled outside of your normal work hours, (b) it has no direct bearing on your job, (c) you are not required to attend, and (d) you are not performing any work-related duties during the training.

For example, if the company has upgraded or changed its software and all employees are required to attend a training session in order to familiarize themselves with the changes, they must receive pay for that training. On the other hand, if the company has an opening for specialists that requires college coursework and you choose to pursue it, you would not be paid for that time – and legally, the company is under no obligation to reimburse you for such expenses (although a number of companies do if an employee expresses interest).

What About Course Materials or Off-Site Training Programs?

The FLSA covers only compensation for the worker’s actual time. The question of who must pay the costs associated with training is not addressed. Generally, this varies from one state to state and/or may be covered under the terms of a labor contract or a collective bargaining agreement. Most companies issue an employee handbook upon hiring a new worker. It’s a good idea to check for any written policy that covers continuing education and how workers are paid for mandatory training programs.

Chron.com says that if you are required to travel for mandatory training, your employer must cover those costs.

Some states, such as California, require that companies pay for any and all work-related expenses

What if I am Not Paid for Mandatory Training?

If you were required by the company to attend training sessions, subject to its control, and not compensated for your time in accordance with the FLSA, your first course of action should be to file a complaint with your state’s labor department. If this does not bring about a satisfactory resolution, there may be grounds for for a lawsuit – and since several other employees were likely to have been affected, it could be worth pursuing a class action.

Join a Free Unpaid Training Class Action Lawsuit Investigation

If you were required to attend any job training and were not compensated for the time, you may qualify to join this unpaid wages class action lawsuit investigation.

Learn More

This article is not legal advice. It is presented
for informational purposes only.

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One thought on Should I Be Paid for Mandatory Training?

  1. misty hiatt says:

    add me

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