Can I be forced to take an after-hours class without compensation for my time or travel?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I be forced to take an after-hours class without compensation for my time or travel?
I’m a salary non-exempt electronic engineer. The entire engineering department that I work in is being required to take a communications and human relations course one evening a week for several weeks with no compensation for our time or travel to the classes.
Asked on September 7, 2011 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you're being forced to take the class, it probably is work, so non-exempt employees should be paid overtime IF the extra hour(s) put them over the edge--i.e. if as a result of the class time, they work more than 40 hours in the week. If so, they need compensation at 1.5 times their base rate for the time over 40 hours. Hourly employees would be paid for the extra time, even if they don't clock enough hours for overtime; salaried non-exempt staff are only paid if they would get overtime (otherwise, the salary covers all base compensation, even if some of it is at night). There is no requirement for the company to pay travel expenses.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.