Is it legal for your employer to require a training and not pay you for your time to complete it?

UPDATED: Sep 30, 2022

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Is it legal for your employer to require a training and not pay you for your time to complete it?

My employer is requiring us to take a training, as part-time employees, and

said since it is considered

Asked on March 13, 2016 under Employment Labor Law, Kentucky


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

Answered 6 years ago | Contributor

Pursuant to the Fair Labor Standards Act (“FLSA”), employers are required to compensate employees for all hours worked. And, the time an employee spends at training programs, etc. should be considered working time unless the following 4 factors are met:

The employee's attendance is voluntary;
The training is not directly related to the employee’s job (i.e. the training is designed to qualify the employee for a new job and not to enhance the skills used by them on their exisiting job);
The employee does not perform any productive work during the training; and
The training occurs outside of the employee's normal work schedule.

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 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.

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