If I’m an assistant at a salon and every Wednesday from 6-8 we are required to attend the assistant training program, should I be getting paid for the training program?

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If I’m an assistant at a salon and every Wednesday from 6-8 we are required to attend the assistant training program, should I be getting paid for the training program?

If yes, how do I proceed with this?

Asked on December 1, 2012 under Employment Labor Law, California

Answers:

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

Answered 11 years ago | Contributor

The fact is that, typically training time is time for which an employee must be paid. All time spent by an employee performing activities which are job-related is potentially "work time". Specifically, training time is work time if it occurs during an employee's regular shift or if it is mandated by an employer.

That having been said, training time need not be counted as work time and therefore not paid if:

  1. it occurs outside of the employee's normal work schedule,
  2. it is truly voluntary (i.e.there is  no direct or indirect pressure on the employee to attend),
  3. it is 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 upgrade the skills used by them on their existing job), and
  4. the employee does no other work during the training.time.

If you feel that you should be getting compensated based on the above criteria, then you can file a claim with your state's department of labor and/or you can consult with an employment law attorney in your area.


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.

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