Introduction to the Fair Labor Standards Act (FLSA)

N. T RAINING T IME

1. G ENERAL R ULE

Training time, including time spent at lectures, meetings, and similar activities, is not compensable working time if all of the following four criteria are met:

 Attendance must be outside of the employee’s regular working hours;



Attendance must be voluntary;

 The training program must not be directly related to the employee's job; and

 The employee must not perform any productive work during the training. 91

2. D EFINITION OF V OLUNTARY A TTENDANCE If an employee is given to understand or led to believe that his or her present working conditions, or the continuance of employment, would be adversely affected by not attending the training program, then the attendance is not voluntary. 92 3. D EFINITION OF T RAINING D IRECTLY R ELATED TO E MPLOYEE ’ S J OB Under the regulations, training is directly related to an employee's job if it is designed to make the employee handle his job more effectively, as distinguished from training him for another job, or for a new or additional skill. 93 Thus, when a training program is designed to prepare an employee for advancement to a higher skill, and is not intended to make the employee more efficient in the current job, then the training will not be considered directly related to the employee’s job. This remains true even if the employee incidentally improves his or her skill doing regular work as a result of the training. 4. E XCEPTIONS Specialized training that occurs outside of normal working hours and is required by the law of a higher governmental agency for certification is not compensable, even if the employer pays for the cost of the training course. 94

When an employee on his or her own initiative spends time at an independent school or college after hours, the time is not considered hours worked even if the courses are related to his job. 95

Voluntary time spent by employees at a program of instruction that corresponds to courses offered by independent bona fide institutions of learning, outside of normal working hours, need not be counted as hours worked even if they are directly related to the job, or paid for by the employer. 96

Introduction to the Fair Labor Standards Act (FLSA) ©2020 (s) Liebert Cassidy Whitmore 21