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

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Feb 14, 2018

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

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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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?

This website presents general information in nontechnical language. This information is not legal advice. Before applying this information to a specific management decision, consult legal counsel.
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About The Author

Kandis Sells

Employment Attorney Vigilant Law Group
  • Employment law & all things HR guru
  • Pacific Lutheran University, B.S. of Business Administration
  • University of Washington School of Law, J.D.
  • Attorney licensed in Washington
  • Football fanatic

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