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My boss has told me that I have to take some on line training course, on my own time. I'm hourly, not salaried, and it's a real burden. Can they legally do this?
When employers or employees have questions about whether a pay issue complies with federal law, they can submit the question to the U.S. Dept. of Labor, Wage and Hour Division. In response, the DOL will issue an opinion letter. The letter is not the law, but it is the interpretation of the law by the agency charged with enforcing the law. In other words, the letter is reasonably reliable. The DOL has answered a question similar to yours and indicated that employers have to pay employees for employer required training. Here is the opinion letter.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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Quote:
Originally Posted by Coco6163
When employers or employees have questions about whether a pay issue complies with federal law, they can submit the question to the U.S. Dept. of Labor, Wage and Hour Division. In response, the DOL will issue an opinion letter. The letter is not the law, but it is the interpretation of the law by the agency charged with enforcing the law. In other words, the letter is reasonably reliable. The DOL has answered a question similar to yours and indicated that employers have to pay employees for employer required training. Here is the opinion letter.
True, though it really shouldn't take a law or opinion from DOL to keep this from happening. On the other hand, refusing will demonstrate an uncooperative attitude that could hasten your discipline/dismissal later on when something you do is less than expected. It's a difficult situation to be in, since it would be hard to prove that you were fired for refusing the training unless it happens right after. The safe course might be to do the training while eating your lunch, if possible, but then I'd also start looking for a job with a more ethical employer.
My boss has told me that I have to take some on line training course, on my own time. I'm hourly, not salaried, and it's a real burden. Can they legally do this?
I've had to take online courses as an hourly/non-exempt employee, but have been paid. Wouldn't that fall under 'training', which legally must be paid?
What kind of classes are they? Are you being required or was it just suggested?
Classes are not necessarily "training." For instance, a boss could say that an employee should learn Excel. It's not mandatory but a strong suggestion. The employee would do that on their own time.
FYI, if you read that legal opinion, notice the word REQUIRED. If the classes are not truly required, then you don't have to take them.
Last edited by charlygal; 12-13-2013 at 07:50 PM..
I thought you guys in industry took classes on your own time all the time. At least it seems that way whenever teachers mention they have to do it. Is your company covering the cost? Something many school systems don't.
If every employee goes through a course for compliance, then I would expect the boss to compensate me. At my current employer, all hourly employees are paid for their time to take 3-4 annual courses(about 1-2 hours each).
If job requires web development experience and a new hire exaggerated their skills, the boss could just fire the employee for lack of skill. A nicer boss would suggest the employee to keep his job, if a guy is willing to study on his own dime. In this situation, the employer may be better off firing an employee. They are not obligated to pay for training on skills that an employee misrepresented.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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We pay for people to take outside classes that will help them in their job and career but do so as tuition reimbursement, we don't pay them for their time.
That's a benefit, and not required training, we approve it when they ask for it.
For any training that's required we pay them plus travel and expenses, if any.
Is this a work related course? If so it will increase your worth to the company ... it is a no-brainer.
Is your employer paying for it? Adds to the no-brainer value.
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