Is it legal for my employer to let me work training hours unpaid?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

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 3 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption