If an RN is required to attend a mandatory training/evaluation while being videotaped without pay, is that legal or not?
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If an RN is required to attend a mandatory training/evaluation while being videotaped without pay, is that legal or not?
My employer required me to go to a mandatory skills evaluation, I got there I was told I would only be paid for the actual time I spent being evaluated. I had to wait in line for nearly 2 hours before I was evaluated. If I did not complete this requirement I would have been taken off the schedule. I am a hourly wage employee. They also required me to be video taped, if we did not sign a paper agreeing to be videotaped I would have faced “positive discipline”, essentially a negative mark on my permanent employee record.
Asked on June 11, 2012 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Two different issues are presented by your question:
1) Should you have been paid for the time waiting in line? Yes. If you were required to trained/evaluated, then it was work time; work time, however, does not mean only "productive" time. Rather, it includes time spent waiting around, if required to do so by your employer.
2) Can they require you to consent to be videotaped, by threatening you with discipline (or ever termination)? Yes. An employer may make this a job requirement.
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