Does my boss have to pay me to attend a mandatory week end seminar?

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Does my boss have to pay me to attend a mandatory week end seminar?

Asked on September 2, 2011 under Employment Labor Law, Louisiana

Answers:

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

Answered 10 years ago | Contributor

All time spent by a non-exempt employee (i.e. an hourly employee) performing activities which are job-related is "work time". And work time is paid time. Accordingly, most training time is time for which an employee must be paid.

Specifically, all training time is work time if it occurs during an employee's regular shift or if it is required by the employer. However, training time need not be counted as work time if it:

  1. occurs outside of an employee's normal work schedule,
  2. is truly voluntary (i.e. no direct or indirect pressure on the employee to attend),
  3. not directly related to the employee's current job (i.e. the training is designed to qualify them to get a new job and not to enhance the skills used by them on the existing job), and
  4. the employee does no other work during the training.

Note:  Additionally, travel time to and from off-site location must be paid as well. And to the extent this puts a non-exempt employee in an overtime situation, they are entitled to overtime pay as well (i.e. OT for any hours over 40 in a week).


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