Employment Law Blog

News, trends and analysis in employment law and HR

Feb 14, 2018

Q&A: When employee attends voluntary training, is the time paid or unpaid?

Q&AWage and Hour 

Q: We’re planning to offer some voluntary training to employees in the evening regarding internet and social media safety. We don’t have to pay them for time spent in that training, do we?

A: The general rule with employees is that you must pay for the time spent in training, as required by the federal Fair Labor Standards Act (FLSA). However, you aren’t required to pay employees for the time spent in training if ALL of the following are true: (1) attendance is outside the employee’s regular working hours; (2) attendance is voluntary; (3) the training isn’t directly related to the employee’s job; and (4) the employee doesn’t perform any actual work while attending the training. If it’s not clear whether your training meets all of these factors, we recommend contacting your Vigilant employment attorney before deciding not to pay employees for their time.

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