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  1. #1
    Join Date
    Apr 2007
    Posts
    4

    Default Legality of Unpaid Job-Related Workshops

    I'm seeking advise about the legality of not being paid for job-related training.

    I was chosen as a summer advisor for a state university in California. Technically we are not hired till mid-May but are required to take and pass (with 90% competancy) an academic class in which most of the training for the job occurs. The class is given 3 units (an appropriate unit value for and academic course for the university) but on top of the time in class we have three required workshops of 6 hours each, outside of class time.

    We are not paid for these 18 combined hours of training because we are technically not hired yet, and thus not employees. Is this a legal practice? These workshops are open only to individuals in this class who were selected through an interview process to be hired (come mid-May) for these positions. These workshops are also not credited with any units.

    Is it legal to not be paid for a mandatory workshop that is required for a job I was selected for but am not yet hired for? (I'll be happy to expand on any details of the situation if need be) Thanks. Again I am in California.

  2. #2
    Join Date
    Apr 2007
    Location
    Kansas
    Posts
    5

    Default "Workshops" - Paying for job interviews / auditions / notice

    See DoNotPAY.org

    While its focus is on the acting trade, it has some great advice that applies across the board for California.

  3. #3
    Join Date
    Apr 2007
    Posts
    4

    Default Re: Unpaid job related workshops. Legal?

    I fail to see the legal nature of that page. Looks like an online resume for somone. Please refer to the link youself and guide me to the legal advise present there. Thanks.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,495

    Default Re: Unpaid job related workshops. Legal?

    Are you exempt or non-exempt? It makes a difference.

  5. #5
    Join Date
    Apr 2007
    Posts
    4

    Default Re: Unpaid job related workshops. Legal?

    I beilieve this year I will be exempt. The cutoff, if I can remember, is about $4,000 I think (again not sure). There are 29 other people at these unpaid workshops though, many of whom work 20+ hours a week in addition to school, so many of them will pass the exempt cutoff, should they at least be getting paid?

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,495

    Default Re: Legality of Unpaid Job-Related Workshops

    I'm not talking about exempt for IRS purposes. I'm talking about whether the job duties of the position you hold is considered exempt (from overtime) or non-exempt (from overtime) under the Fair Labor Standards Act.

    http://www.dol.gov/esa/regs/compliance/whd/hrg.htm

  7. #7
    Join Date
    Apr 2007
    Posts
    4

    Default Re: Legality of Unpaid Job-Related Workshops

    after a little pressure, our employer has agreed to roll the hours from workshops over onto our first paycheck. Thank you and feel free to disregard this thread now.

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