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  1. #1
    Join Date
    Feb 2016
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    Default Can an Employer Require That an Employee Attend Unpaid Training

    My question involves labor and employment law for the state of: Texas

    I began work for a small company recently. I was informed by other employees that the management requires the employees to attending training classes during their off hours and they do not get paid. Now this is training that gives you special certifications and licenses that normally would cost the employee money if they were to do it outside of the company but they offer it to the employee for free. I can see how this might be considered "getting paid" but what doesn't make sense though is if the employee is terminated or resigns, the employer requires the employee to pay for the training they attended. The training also can be several hours long and is not equivalent to what you'd be paid if those were regular work hours. I looked up what the rules/laws were for training and saw the 4 requirements that needed to be met , but I'm not sure how it would apply to this scenario.

    Any help would be very much welcome, thanks in advance!

  2. #2
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Can an Employer Require That an Employee Attend Unpaid Training

    Is this certificate or license required by the state for the job you are in?

  3. #3
    Join Date
    Nov 2013
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    7,056

    Default Re: Can an Employer Require That an Employee Attend Unpaid Training

    Quote Quoting bmgeof
    View Post
    My question involves labor and employment law for the state of: Texas

    I began work for a small company recently. I was informed by other employees that the management requires the employees to attending training classes during their off hours and they do not get paid. Now this is training that gives you special certifications and licenses that normally would cost the employee money if they were to do it outside of the company but they offer it to the employee for free. I can see how this might be considered "getting paid" but what doesn't make sense though is if the employee is terminated or resigns, the employer requires the employee to pay for the training they attended. The training also can be several hours long and is not equivalent to what you'd be paid if those were regular work hours. I looked up what the rules/laws were for training and saw the 4 requirements that needed to be met , but I'm not sure how it would apply to this scenario.

    Any help would be very much welcome, thanks in advance!
    I don't see a problem with the employer's policy. If the certifications and licenses are required for your employment and the company pays for them, you are personally enriched by the training and certs and licenses. If you quit or are terminated, you still have the certs and licenses. You don't lose them but take them with you.

  4. #4
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    Default Re: Can an Employer Require That an Employee Attend Unpaid Training

    Quote Quoting budwad
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    I don't see a problem with the employer's policy. If the certifications and licenses are required for your employment and the company pays for them, you are personally enriched by the training and certs and licenses. If you quit or are terminated, you still have the certs and licenses. You don't lose them but take them with you.
    Not totally accurate. If the training is required by the state, then the employer doesn't have to pay for OP's time to attend the training. However, if the training is required by the employer only, and if the OP's job is non-exempt, the employer is legally required to pay for OP's time to attend said training.

  5. #5
    Join Date
    Feb 2016
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    3

    Default Re: Can an Employer Require That an Employee Attend Unpaid Training

    The training is supplementary and isnt required to complete any of the essential job functions. The owner of the business states on the business website that their employees are trained beyond what the state requires, makes it a point as to why their company is better than others.

  6. #6
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    Default Re: Can an Employer Require That an Employee Attend Unpaid Training

    So you've already been trained up to what the law requires? And this is extra? (Don't want to sound obtuse, just trying to be clear.) And is your job exempt or non-exempt?

  7. #7
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    Massachusetts
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    Default Re: Can an Employer Require That an Employee Attend Unpaid Training

    Assuming that you are a non-exempt employee, my best guess based on your post is that you must be paid for the training.

  8. #8
    Join Date
    Feb 2016
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    3

    Default Re: Can an Employer Require That an Employee Attend Unpaid Training

    This is extra training, all the employees are trained up to whats required by law. There is a few exempt employees, but the majority are non-exempt. So out of curiosity, how would that apply to either type of employment?

  9. #9
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    Default Re: Can an Employer Require That an Employee Attend Unpaid Training

    Non-exempts must be paid for the time they spend attending the training. Exempts don't have to be paid for the time they spend attending the training. However the training can be mandatory for both exempts and non-exempts. And employers may legally require employees to repay the non-wage costs of the training should the employees (exempt and non-exempt) leave the company within a specified timeframe.

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