If I work for a contracted therapy company in a geriatric facility, can it mandate a CPR class and make us take it off the clock without pay?

The company has decided to start doing home health and have told the employees (hourly) that it is mandatory to take a 4 hour CPR class. They will provide the class but stated we will clock out and not be paid for our time.

Asked on July 15, 2015 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the employer provides the training, then it is considered work and you should be paid. But the employer could have required you to find your own class and pay for it, and if it did that, it would *not* have to pay for the class or pay for your time, since employers may mandate the education, training, qualifications, etc. that employees need to have their jobs; it's only when the employer chooses to provide the training that it becomes compensatable "work" in the eyes of the law. So while you could try to push the issue and sue your employer for the 4 hours of pay (e.g. in small claims court), you may wish to instead simply consider yourself lucky that your employer is paying for the course rather than making you pay for it yourself.

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 AttorneyPages.com 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.