Should mandatory be paid training?

UPDATED: Sep 30, 2022

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Should mandatory be paid training?

I currently work for a day program helping the developmentally disabled. I was recently told by my boss that I would need to attend a weekend training that is to be unpaid. Our usual work hours are Monday-Friday. When I asked my boss about it, she said that because the state required all persons who work with the clients must attend this training, that it would not be paid. I have worked in the field for over 3 years for 3 different companies and have not ever had to to do said training. Doing research online has provided nothing from my state about this training being mandatory for work. If I refuse to go to the training unless I am paid, can I be terminated?

Asked on August 17, 2017 under Employment Labor Law, California


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

Answered 5 years ago | Contributor

If you are a non-exempt employee (i.e. typically one who is paid hourly), then on the job training which is directly related to their job should be counted as hours worked. Further, a worker’s time spent in training sessions should be considered compensable “work time” unless: the training is not directly related to the employee’s job; attendance is voluntary; the training is outside of the employee’s regular working hours; 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 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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