Maybe.
The Fair Labor Standards Act (FLSA) mandates that employers must pay nonexempt employees for training time based on these criteria:
- The training is voluntary.
- It occurs outside of normal work hours.
- It is not directly related to the employee’s job performance.
- No work is performed during the training.
For the training to be non-compensable, all these conditions must be met. If any of these criteria are not satisfied, the training is generally compensable.
For example, if the training is outside normal work hours, unrelated to job performance, and no work is done during the training, but it is mandatory for the job, the time is typically compensable. However, if the final requirement—such as earning a degree or certificate—is involuntary, but the specific coursework or training leading to it is voluntary, the time spent in training may not be considered compensable.
You can read a DOL opinion letter here: https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/2020_11_03_15_FLSA.pdf
I hope this clarification is helpful.
Become a HelpDeskforHR.com Member and get a $200 Discount!
Sign-up HERE and Save $200!
Here is what all you will get:
- Boss Calls™ – Access to EVERY Boss Call™ – Past & Future.
- HelpDesk for HR VAULT – Access to all 15 of our proprietary tools and applications to make your workday simple.
- Forms, Docs, Policies and Procedures Library – 700+ samples you can download and edit to fit your needs.
- U.S. ePoster Club – Download state, city, and local posters. Both required & recommended, for all 50 states & D.C.
- Same-day email support – Write to our team of SPHR and SCP professionals with all your HR questions.
