Regarding pre-employment training

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Regarding pre-employment training

We are a senior care homecare agency in the state of California providing
caregivers. Is the care training we provide prior to employment need to be paid
at minimum wage, regardless of the fact that the applicant may never work for us?
We would like to pay them after they work a certain number of hours. We also pay
for TB, DMV and LiveScan tests prior to working

Asked on June 8, 2017 under Employment Labor Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, if you require them to attend the training after they apply to you and arrange for or provide the training, that is considered work time and must be paid, at least at minimum wage. Work is anything the employer requires employees to do, including training; while you say that it occurs "prior to employment," that's not how a court or the labor department would see it: if they come to you, apply for a job, and you send them out to training, their employment would generally be considered to have begun with the training.


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