Question:
If we held a “lunch and learn” for non-exempt employees, would we have to pay them for that time?
Answer:
Probably so. Employees must be paid for any time they spend under the direction and control of the employer. The DOL provides a test that employers must review to help determine whether training is compensable. https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/HoursWorked.pdf
1) Do I have to pay my employees for training time?
When your employees participate in required training, whether on site or online, that time must be recorded, and paid for. They also must be paid for any time spent in training while they shadow experienced employees, or do anything else related to their current jobs.
In order for time spent during training programs, meetings, lectures, and similar activities not to be counted as hours worked, it must meet all four of the following criteria:
- it must be outside of normal hours;
- it must be voluntary;
- it must not be job related; and
- no other work is concurrently performed.
I hope this helps.
Note: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a legal professional for advice specific to your situation.
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