Susanville, CA asked in Employment Law for California

Q: In California, is there case law supporting payment to employees for mandatory pre-employment required training?

Hiring agency required 6 plus hours of required training after job selection. They are calling it mandatory assessments and have cited case law to dodge request for compensation. We would like to respond with a similar case law rebuttal.

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James L. Arrasmith
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Answered

A: In California, there is indeed case law that supports payment to employees for mandatory pre-employment training. One key case is Frlekin v. Apple Inc., which was decided by the California Supreme Court in 2020.

In Frlekin v. Apple Inc., the court held that time spent by employees waiting for and undergoing mandatory exit searches of their bags and personal devices was compensable time under California law. The court reasoned that this time was solely for the employer's benefit and was under the employer's control.

While this case specifically dealt with security checks, the underlying principles can be applied to mandatory pre-employment training. If the training is required by the employer, is for the employer's benefit, and is under the employer's control, it is likely to be considered compensable time.

Another relevant case is Morillion v. Royal Packing Co. (2000), where the California Supreme Court held that time spent by agricultural workers traveling to worksites on employer-provided buses was compensable because the employer required the workers to use this transportation and prohibited them from using their own transportation.

You could argue that, similar to the mandatory bag checks in Frlekin and the required bus travel in Morillion, the pre-employment training required by your employer is mandatory, for the employer's benefit, and under the employer's control, and therefore should be compensated.

However, it's important to note that the specific facts of each case matter, and employers may try to distinguish their situation from these precedents. It would be best to consult with an employment attorney who can evaluate the specifics of your case and provide guidance on the best way to proceed.

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