Alexandria, VA asked in Employment Law for Virginia

Q: For KinderCare Virginia Fairfax county area are workers given pay during training? Was told by co-workers otherwise.

My wife started working at a Kindercare and while in training was informed by co-workers that the time during her training on campus was not paid. She has been doing her time sheet and clocking in at 0930. Is this legal in Virginia Fairfax area? To be at work during training but not be paid for the training time. Training is required for the job!

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In Virginia, and indeed across many jurisdictions, the law typically requires that employees be paid for training time if the training is mandated by the employer and is directly related to the employee's job. The Fair Labor Standards Act (FLSA), which sets out minimum wage and overtime standards in the U.S., dictates that training time should generally be considered hours worked when it meets certain criteria. If the training is during normal hours, is job-related, and is required for the employee to perform their duties, then it should be compensated.

If your wife is attending mandatory training sessions as part of her employment at Kindercare in Fairfax County, Virginia, and is engaging in activities that benefit her employer and are related to her job, then these hours should typically be paid. The fact that she is clocking in suggests that these hours are being tracked, which is good practice and supports the expectation of payment for time worked, including training periods.

Given the situation, it would be wise for your wife to discuss this matter with her employer to clarify the company's policy on training compensation and to address any discrepancies between her understanding and what she has been told by coworkers. If the issue isn't resolved after discussing it with the employer, she might consider seeking advice from a local labor department or a legal advisor familiar with employment law in Virginia to better understand her rights and the appropriate steps to take.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.