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?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.


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