There is no question that an employer may require a certain level of relevant education or training for a new hire to qualify for a job. However, it is more complicated to determine whether a non-exempt employee must be paid for attending training programs, lectures and meetings throughout the term of employment. Generally, a non-exempt employee is one who is covered by the Fair Labor Standards Act (FLSA) because he or she is not an executive, administrator, professional or outside salesperson.

Training activity would normally be paid for a non-exempt employee unless all of the following are met: 1) Attendance occurs outside the employee’s work hours; 2) Attendance is voluntary; 3) The employee does no productive work while attending the training; and 4) The program, lecture or meeting is not directly related to the employee’s job.

Attendance is not “voluntary” if the employee believes that not attending would adversely affect working conditions or continued employment. If the training is undertaken to prepare for advancement, it is not compensable.

Training is “directly related” to an employee’s job and generally compensable if it helps the employee to perform the present job better. Even if the training is “directly related” to the employee’s job, the employee need not be paid for training time if the employee on his or her own initiative attends an independent school, college or trade school after hours.

The FLSA contains specific requirements for the payment of compensation relating to training, traveling, waiting time, driving to job sites, preparing for work, etc. Salaried employees are not automatically exempt from overtime pay. In many instances, salaried employees must be paid overtime under the FLSA. The FLSA is enforced by the U.S. Department of Labor. Violation of the Act can result in back-pay, interest and penalties.

For further information regarding these matters, please contact Mr. Boyer at 248.740.5666 or click here to send an email.