Do I get paid to attend summer training classes by my Employer?

Full Question:

My employer sent me to a program over the summer for medication aide. There was class time and I am required to do 40 hours of training with a RN at work then after that is done my teacher comes to check me off and sends certification into the state. Well I started the training at work and the are refusing to pay me for hours I've trained. Is this legal?
11/01/2016   |   Category: Employment   |   State: Wisconsin   |   #26040

Answer:

If the class and training are directly related to your job you may be entitled to pay. But if you are training for another job not.

Attendance at lectures, meetings, training programs and similar activities are viewed as working time unless all of the following criteria are met:
  • Attendance is outside of the employee’s regular working hours;
  • Attendance is in fact voluntary;
  • The course, lecture, or meeting is not directly related to the employee’s job; and
  • The employee does not perform any productive work during such attendance.
See Regulations 29 CFR 785.27.

The Department of Labor (“DOL”) classifies training as “voluntary” if (1) the employer does not require the employee to attend the training; and (2) the employee is not led to believe that her employment would be adversely affected if she does not attend the training.

These four factors can be confusing so make sure you understand what they mean in your situation.

You may also contact the Wisconsin Division of Workplace Development for information.

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