November 9 Tip of the Week

When an employee attends training, employers can be left wondering whether they must pay employees for their time.  The Department of Labor recently issued an opinion letter reaffirming that attendance at lectures, meetings, and training programs don’t have to be treated as working time when four criteria are met: attendance is outside the employee’s working hours, attendance is voluntary, the course, lecture or meeting is not directly related to the employee’s job, and the employee does not perform any productive work during the meeting.  There are special circumstances that exist where an employer would not need to pay an employee for trainings that, indeed, do relate to the employee’s job, but the analysis is fact intensive and readers should consult with our team of attorneys to understand when employee’s should be paid for training time.