If I’m an assistant at a salon and every Wednesday from 6-8 we are required to attend the assistant training program, should I be getting paid for the training program?

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If I’m an assistant at a salon and every Wednesday from 6-8 we are required to attend the assistant training program, should I be getting paid for the training program?

If yes, how do I proceed with this?

Asked on December 1, 2012 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The fact is that, typically training time is time for which an employee must be paid. All time spent by an employee performing activities which are job-related is potentially "work time". Specifically, training time is work time if it occurs during an employee's regular shift or if it is mandated by an employer.

That having been said, training time need not be counted as work time and therefore not paid if:

  1. it occurs outside of the employee's normal work schedule,
  2. it is truly voluntary (i.e.there is  no direct or indirect pressure on the employee to attend),
  3. it is not directly related to the employee's current job (i.e. the training is designed to qualify them to get a new job and not to upgrade the skills used by them on their existing job), and
  4. the employee does no other work during the training.time.

If you feel that you should be getting compensated based on the above criteria, then you can file a claim with your state's department of labor and/or you can consult with an employment law attorney in your area.


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