Is it legal for my employer to let me work training hours unpaid?
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Is it legal for my employer to let me work training hours unpaid?
I got hired in a restaurant in miami and they said I would be paid $4.25 plus tips after training. However, my training days would be undocumented and and unpaid. I spent 4 hours training and they sent me home and told me to come back the next day to start. I don’t think this is legal and they were taking advantage of me.
Asked on February 26, 2019 under Employment Labor Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Not paying new hires during their training is nearly always illegal. Under the law, a worker’s time spent in training sessions should be considered compensable work time unless the following factors are met: attendance is outside of the employee’s regular working hours; attendance is voluntary; the training is not directly related to the employee's job; and the employee does not perform any productive work during the training.
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