Unpaid Training Hours

WHEN TRAINING MUST BE PAID

In California, employers that require employees to attend training programs, lectures, and meetings must pay for this time. Employers often try to avoid paying newly hired employees or applicants for initial job training by describing the training as “pre-hire training” or part of the “interview” process. But that description doesn’t mean anything. Employers are still required to pay for the time spent at training, even if the employer ultimately does not hire the applicant.

WHEN TRAINING DOES NOT HAVE TO BE PAID

Employers can only escape paying for training programs, lectures or meetings if all of the following criteria are met:

⇒ Attendance is outside regular working hours

⇒ Attendance is voluntary. Attendance, however, isn’t voluntary if employees are led to believe that their jobs would be jeopardized if they didn’t attend

⇒ The training course, lecture, or meeting isn’t directly related to the employees’ jobs. Training is directly related to employees’ jobs if the training is designed to make employees handle their current jobs more effectively

⇒ The employees do not perform any productive work during the training

Additionally, employers generally do not have to pay for any type of generally applicable training or education, such as mandatory Continuing Educational Units or CPR certification because that type of training is general, not specific to a single employer, and applicable to other jobs.

SEEK CONSULTATION

If you were required to attend training, but not paid for that time, contact us for a free consultation.