Helendale, CA asked in Employment Law for California

Q: Does my job pay me for mandatory training?

I work as a direct support professional, working with mentally handicap patients in the state of California. My job requires me to have a certification/training outside of work on my own time in order to work there. The training is 8 hours long and mandatory to have this training within 6 months of hire or you can be terminated. Should I be paid for mandatory training outside of work or is it not against the law to not pay your workers for outside training? Also, if I do get paid for the training, is it considered overtime pay if I'm working an 8 hour shift and doing 8 hours or training within the same day?

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2 Lawyer Answers
Kyle Anderson
Kyle Anderson
Answered

A: Hello, under Federal Law, attendance at training programs is NOT counted as working time if all four of these criteria are met: : (1) it is outside normal hours, (2) it is voluntary, (3) not job related, and (4) no other work is concurrently performed.

It sounds like there are some issues meeting all four criteria here based on your above description. If those hours you spent in training put you above 40 hours in a workweek, and they are compensable, you should be paid overtime under federal law. However, California has more stringent state laws regarding overtime. I would recommend reaching out to an employment law attorney in California for a consultation.

1 user found this answer helpful

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: In California, mandatory training need not be paid by the employer if the training is providing you with a certificate, credential or license to do something that you can take with you to other jobs. For example, if your job requires you have a CPR certificate, you can be required to take the necessary training to get that certificate and the employer does not have to pay you for that program or the time you spend procuring your certificate.

On the other hand, if the mandatory training is related to company practices, policies or procedures and would not necessarily create value in you as an employee elsewhere, then the company must pay the time and costs to go through that training.

Good luck to you.

1 user found this answer helpful

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