Regarding pre-employment training

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption