If I’m a fitness instructor and am required to spend time outside of the gym learning choreography, what is the law for payment on this required time spent even if done at home?

It can and does get very time consuming.

Asked on October 13, 2015 under Employment Labor Law, Virginia


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

Answered 5 years ago | Contributor

If an employee is exempt that is, an employee who is not entitled to receive overtime, then an employer may make the employee attend meetings, training, etc. outside of their normal working hours, without any additional compensation. Since most salaried employees are exempt although &ldquosalaried&rdquo and &ldquoexempt&rdquo are not the same thing so some salaried workers are eligible for OT, they can be made to work additional hours without being paid anything extra.
The situation, however, is different for non-exempt employees, that is for worker who can earn overtime. Most non-exempt employees are hourly employees. Under the law, these employees must be paid for all hours worked. In other words, work time is time that must be compensated. So, if an employee is doing something which their employer requires them to do, they must be paid for it, and to the extent it takes them into OT typically over 40 hours per week they must be paid time and a half.

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