Columbia, SC asked in Employment Law for South Carolina

Q: Is training time supposed to be compensated

I work for a Home Health Care agency as an attendant to the person I live with, my fiancée. I am reimbursed through a Medicaid Waiver program, who pays my employer to pay me to take care of him for 13 hours a week in our home. My employer who pays me these Medicaid reimbursements is requiring that I come in for training and testing, stating it will only take 30 minutes and will not be paid time. It is mandatory, outside of the 13 hours that I take care of the recipient, and it is training related to my position. The employer states they are not paying me for this training and this seems illegal. Its suppose to be 30 minutes and I have to drive there, do the training and take a test and my time is valuable and it seems this would be considered compensable time. Can someone tell me if this time is supposed to be compensated?

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1 Lawyer Answer

A: While there are numerous factors courts consider for this type of situation, from what you've described, it sounds like your training sessions should be paid. If training sessions are made mandatory by the employer and directly relate to the job duties you perform, then you should be paid for both the time you spend in the training session as well as the testing time and any time you spend studying the testing materials.

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