Author Topic: Employer not paying for training - is this legal?  (Read 22856 times)

frugalnacho

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Employer not paying for training - is this legal?
« on: April 09, 2015, 07:50:43 AM »
A bit of background: I've been somewhat mustachian since before I found MMM, so when I got married we decided my income alone was enough to support us, plus still save 20%+, so my wife could quit her soul crushing job in insurance.  She digs kids, so she has been looking for work as a nanny or working at a day care.  Pay is substantially less, but it's her passion and she loves being around the kids, so she is much happier.  She did the nanny thing for awhile, and recently got a job at a day care...



She got a job at a day care making barely above minimum wage, but she hangs out with babies all day and enjoys it.  The job requires that she be first aid trained and cpr certified.  She is expected to pay for and attend these classes and not get paid.  They also have child care training sessions that are 4 hours long every other month.  Attendance to these is mandatory, and they are not paid.

When my wife first told me this my initial reaction was that it's not fair, and probably not legal either.  I don't see how they can make attendance mandatory as a condition of employment, but not pay you for that time.  My wife was so enamored with a new and exciting job that she simply shrugged it off and figured it was still worth it overall.  But now that she's been working for a few weeks, and worked a full day, and then had to attend a 4 hour mandatory training session immediately after, reality is setting in that this is real time out of her life that she is not being compensated for.

My initial gut reaction is that it's not fair and we probably have labor laws set up to stop employers from exploiting employees in exactly this scenario, but i'm not familiar enough with them.  I looked up the Fair Labor Standards Act, and from what I can tell it explicitly forbids not paying for employee training, and I don't see any exceptions that would allow this. 

Is it legal what her employer is doing?

How should she handle the situation?

GizmoTX

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Re: Employer not paying for training - is this legal?
« Reply #1 on: April 09, 2015, 07:56:08 AM »
It's a required skill for the type of work, not a specific job function.
If a degree was required, would you expect an employer to pay for it?

frugalnacho

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Re: Employer not paying for training - is this legal?
« Reply #2 on: April 09, 2015, 08:04:15 AM »
It's a required skill for the type of work, not a specific job function.
If a degree was required, would you expect an employer to pay for it?

It seems acceptable to me to say a degree or some specific training is a prerequisite of being hired some place, in which case that would be your own responsibility.

It seems completely different (and not acceptable) to say that regular and on-going training is both mandatory and uncompensated. 

Gimesalot

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Re: Employer not paying for training - is this legal?
« Reply #3 on: April 09, 2015, 08:04:46 AM »
Unfortunately, this is legal for many professions and skills.

From my understanding, you can deduct the cost of her training on the Schedule A, with a 2% deductible.  I doubt that CPR and first aid certifications will cost that much.

curler

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Re: Employer not paying for training - is this legal?
« Reply #4 on: April 09, 2015, 08:05:18 AM »
Department of Labor Guidelines state:
Participation in training programs need not be counted as working time if all of the following criteria are met:
    Attendance is outside of the employee’s regular working hours;
    Attendance is in fact voluntary;
    The course, lecture, or meeting is not directly related to the employee’s job;
    The employee does not perform any productive work during such attendance.
29 C.F.R. § 785.27. 

That said, I think you would have much better luck arguing for pay for the ongoing 4-hour meetings than the one of first aid/cpr training. 

frugalnacho

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Re: Employer not paying for training - is this legal?
« Reply #5 on: April 09, 2015, 08:08:41 AM »
From the fair labor standards act:

Lectures, Meetings and Training Programs:
Attendance at lectures, meetings, training programs and similar activities need not be counted as working time only if four criteria are met, namely:

it is outside normal hours,                               check
it is voluntary,                                                no check, it's mandatory.  Both the first aid, and the general meetings
not job related, and                                        no check, they are both directly job related.
no other work is concurrently performed.          check

It seems to me that it doesn't meet the criteria to be excluded from regular hours that are required to be compensated.

frugalnacho

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Re: Employer not paying for training - is this legal?
« Reply #6 on: April 09, 2015, 08:10:01 AM »
Unfortunately, this is legal for many professions and skills.

From my understanding, you can deduct the cost of her training on the Schedule A, with a 2% deductible.  I doubt that CPR and first aid certifications will cost that much.

What professions?  I have never attendant unpaid mandatory training for any job.

frugalnacho

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Re: Employer not paying for training - is this legal?
« Reply #7 on: April 09, 2015, 08:12:13 AM »
Department of Labor Guidelines state:
Participation in training programs need not be counted as working time if all of the following criteria are met:
    Attendance is outside of the employee’s regular working hours;
    Attendance is in fact voluntary;
    The course, lecture, or meeting is not directly related to the employee’s job;
    The employee does not perform any productive work during such attendance.
29 C.F.R. § 785.27. 

That said, I think you would have much better luck arguing for pay for the ongoing 4-hour meetings than the one of first aid/cpr training.

You beat me to posting the regulations.  That said I don't see how it's luck.  It looks like it's right there in black and white that it's required.  There has to be some kind of oversight within the department of labor to actually enforce these rules, right?

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Re: Employer not paying for training - is this legal?
« Reply #8 on: April 09, 2015, 08:18:35 AM »
Important point is whether she is hourly or salary. Many teachers are considered professionals and are salary. Salary employees don't have to be compensated for overtime work. Most teachers have mandatory PD hours considered as part of their work responsibilities.

frugalnacho

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Re: Employer not paying for training - is this legal?
« Reply #9 on: April 09, 2015, 08:23:09 AM »
Important point is whether she is hourly or salary. Many teachers are considered professionals and are salary. Salary employees don't have to be compensated for overtime work. Most teachers have mandatory PD hours considered as part of their work responsibilities.

She is hourly.

It is also my understanding that minimum wage rules still apply.  If you make 100k/yr, and have to work OT, you still end up making far more than minimum wage on a real hourly basis.  If you are salaried, but your salary is calculated based on minimum wage, then forcing you to work uncompensated OT would drag your real hourly rate below the minimum wage.  Once meetings/training are factored in my wife is making less than minimum wage.

JLee

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Re: Employer not paying for training - is this legal?
« Reply #10 on: April 09, 2015, 08:56:41 AM »
I could see first aid and CPR training not being paid, though that's still shitty - but mandatory employer-specific training (i.e. not a universal certification that is good anywhere) should be paid, IMO.

curler

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Re: Employer not paying for training - is this legal?
« Reply #11 on: April 09, 2015, 09:02:32 AM »
Department of Labor Guidelines state:
Participation in training programs need not be counted as working time if all of the following criteria are met:
    Attendance is outside of the employee’s regular working hours;
    Attendance is in fact voluntary;
    The course, lecture, or meeting is not directly related to the employee’s job;
    The employee does not perform any productive work during such attendance.
29 C.F.R. § 785.27. 

That said, I think you would have much better luck arguing for pay for the ongoing 4-hour meetings than the one of first aid/cpr training.

You beat me to posting the regulations.  That said I don't see how it's luck.  It looks like it's right there in black and white that it's required.  There has to be some kind of oversight within the department of labor to actually enforce these rules, right?

Yes.  See the list of offices http://www.dol.gov/whd/america2.htm who can help you.  Your state department of labor may also have some resources.

frugalnacho

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Re: Employer not paying for training - is this legal?
« Reply #12 on: April 09, 2015, 09:07:50 AM »
I could see first aid and CPR training not being paid, though that's still shitty - but mandatory employer-specific training (i.e. not a universal certification that is good anywhere) should be paid, IMO.

Even universal certification should be paid.  I have had OSHA and MIOSHA, which certainly isn't employer-specific, it was required by certain sites we visited as they are regulated under OSHA and MIOSHA.

waffle

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Re: Employer not paying for training - is this legal?
« Reply #13 on: April 09, 2015, 09:13:51 AM »
A lot will depend on the business as well. Does she work for a government sponsored place like Head Start or a private day care? Also how big is the organization? Businesses with less than 15 employees are exempted from a lot of laws and regulations.

Jack

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Re: Employer not paying for training - is this legal?
« Reply #14 on: April 09, 2015, 09:22:51 AM »
I could see first aid and CPR training not being paid, though that's still shitty - but mandatory employer-specific training (i.e. not a universal certification that is good anywhere) should be paid, IMO.

This. If the requirement is just "you must have X certification to work (but we don't care where or how you get it)" then that's one thing, but when they say "you must attend this specific company-provided training at this specific time" that should count as work and the company should be paying you for it.

frugalnacho

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Re: Employer not paying for training - is this legal?
« Reply #15 on: April 09, 2015, 09:26:03 AM »
A lot will depend on the business as well. Does she work for a government sponsored place like Head Start or a private day care? Also how big is the organization? Businesses with less than 15 employees are exempted from a lot of laws and regulations.

It's a private day care.  I believe less than 15 employees.  I know being a smaller organization gets you out of some of the record keeping and reporting requirements, and gives more discretion to the owners as to how some things are handled, but I can't imagine it lets you skirt laws in place that require you to pay employees. 

frugalnacho

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Re: Employer not paying for training - is this legal?
« Reply #16 on: April 09, 2015, 09:35:57 AM »
I could see first aid and CPR training not being paid, though that's still shitty - but mandatory employer-specific training (i.e. not a universal certification that is good anywhere) should be paid, IMO.

This. If the requirement is just "you must have X certification to work (but we don't care where or how you get it)" then that's one thing, but when they say "you must attend this specific company-provided training at this specific time" that should count as work and the company should be paying you for it.

The first aid and CPR certification is on going, it must be renewed every year.

eyePod

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Re: Employer not paying for training - is this legal?
« Reply #17 on: April 09, 2015, 10:20:13 AM »
Ignoring the fact that she isn't paid for the time of the training, she can deduct any expenses on her taxes. It's a stupid move for the daycare though. That's a cost of upkeep and should be built into their pricing. All parents want their kids' teachers to be CPR certified.

JLee

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Re: Employer not paying for training - is this legal?
« Reply #18 on: April 09, 2015, 12:19:56 PM »
I could see first aid and CPR training not being paid, though that's still shitty - but mandatory employer-specific training (i.e. not a universal certification that is good anywhere) should be paid, IMO.

This. If the requirement is just "you must have X certification to work (but we don't care where or how you get it)" then that's one thing, but when they say "you must attend this specific company-provided training at this specific time" that should count as work and the company should be paying you for it.

The first aid and CPR certification is on going, it must be renewed every year.
Is it a Red Cross course that anybody can take anywhere, or is it employer-specific?  I could see an employer requiring that you maintain XYZ certification to be eligible for employment.  I don't disagree that it "should" be paid (mine was), but I could see that as a potential loophole.

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Re: Employer not paying for training - is this legal?
« Reply #19 on: April 09, 2015, 12:39:48 PM »
Small business owners are notorious for screwing low wage employees out of pay.  I worked for several of them in college.  The worst screwjob was when I drove a commercial truck containing equipment necessary for the job 8+ hours to a jobsite which should have been overtime.  When I wasn't paid for it, the crew leader said it was the same as a commute and I was lucky to not to have to drive my own vehicle!  When attempting to collect the lost wages, I was met with apathy from the labor department and told I could file a claim in small court.  I should have but never did.  Even if she files a complaint and wins, the animosity will be horrible.  I say move on.
« Last Edit: April 09, 2015, 03:10:55 PM by So Close »

Valhalla

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Re: Employer not paying for training - is this legal?
« Reply #20 on: April 09, 2015, 12:48:40 PM »
IMHO this needs to be paid, if it's "required". 

But you'd be better off consulting an attorney in your area just to make sure.

frugalnacho

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Re: Employer not paying for training - is this legal?
« Reply #21 on: April 09, 2015, 01:05:24 PM »
I could see first aid and CPR training not being paid, though that's still shitty - but mandatory employer-specific training (i.e. not a universal certification that is good anywhere) should be paid, IMO.

This. If the requirement is just "you must have X certification to work (but we don't care where or how you get it)" then that's one thing, but when they say "you must attend this specific company-provided training at this specific time" that should count as work and the company should be paying you for it.

The first aid and CPR certification is on going, it must be renewed every year.
Is it a Red Cross course that anybody can take anywhere, or is it employer-specific?  I could see an employer requiring that you maintain XYZ certification to be eligible for employment.  I don't disagree that it "should" be paid (mine was), but I could see that as a potential loophole.

Does anyone offer employer-specific cpr certification? Why would you when the red cross already offers classes?

I don't really understand how that could (or should) be a loophole.  How could you require employees to take yearly training/certification courses without paying them?

I've never done any training of any kind without being compensated.  I've honestly never even heard of it, other than when used as a prerequisite.  ie you must have a prior degree, or cpr training, or osha, or hazwhopper training, etc as a condition of getting hired, but once you are hired the company is responsible for any additional training they require (even if it's not employer specific).

When I read the law this sounds like exactly the type of scenario they were trying to prevent when drafting the fair labor standards act.   They were trying to stop employers from shifting work related tasks into free "training" and stop employers from having mandatory "meetings/training" and not paying.

Valhalla

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Re: Employer not paying for training - is this legal?
« Reply #22 on: April 09, 2015, 01:10:05 PM »
Your question is a bit complex for this board.  Read this to get an idea http://dentalcare.com/media/en-US/pmkt/pdf/02_continuing_ed.pdf

I'd suggest asking an attorney, or post to a legal advice board.

frugalnacho

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Re: Employer not paying for training - is this legal?
« Reply #23 on: April 09, 2015, 01:11:22 PM »
Small business owners are notorious for screwing low wage employees out of pay.  I worked for several of them in college.  The worst screwjob was when I drove a commercial truck containing equipment necessary for the job 8+ hours to a jobsite which should have benn overtime.  When I wasn't paid for it, the crew leader said it was the same as a commute and I was lucky to not to have to drive my own vehicle!  When attempting to collect the lost wages, I was met with apathy from the labor department and told I could file a claim in small court.  I should have but never did.  Even if she files a complaint and wins, the animosity will be horrible.  I say move on.

Move on as in quit and move on?  Or move on as in let her boss continue to disrespect and walk all over her (and every other employee)?

I can't speak for her, but the way I see it the disrespect is a bigger deal than the monetary compensation.   4 hours of near minimum wage pay is not going to make or break us, or affect our FIRE date substantially, even if it went on for years.  On the other hand, fuck her boss for thinking she can pull this kind of shit.  A 4 hour mandatory unpaid meeting/training?  I told my wife I would have asked if they were going to be paid just to be crystal clear on the issue, and then I would not be showing up unless it was paid. 

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Re: Employer not paying for training - is this legal?
« Reply #24 on: April 09, 2015, 01:23:27 PM »
How is this even debatable?
She is being REQUIRED by her job to attend training and she is not being compensated.  Almost certainly illegal. 
Every employer I have had that required CPR/First Aid training provided it and it was during work hours.  If it was on my day off, I was paid overtime to come in for the training.
You guys are living on your salary and this is for funsies for her. (That's to say, you're not relying on her job to survive so she should have no fear of retaliation.)  She needs to tell the boss to pay the fuck up for hours worked as well as the cost of the training. 

eyePod

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Re: Employer not paying for training - is this legal?
« Reply #25 on: April 09, 2015, 01:28:50 PM »
How extensively has this been discussed? was it an "oh, hey, this isn't what I was expecting" and the boss saying "eh, that's the way we do it here" kind of way or a "stop whining and deal with it" kind of way. That would change how I was going to handle it. Also depended on the general working environment there too.

JLee

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Re: Employer not paying for training - is this legal?
« Reply #26 on: April 09, 2015, 01:30:22 PM »
I could see first aid and CPR training not being paid, though that's still shitty - but mandatory employer-specific training (i.e. not a universal certification that is good anywhere) should be paid, IMO.

This. If the requirement is just "you must have X certification to work (but we don't care where or how you get it)" then that's one thing, but when they say "you must attend this specific company-provided training at this specific time" that should count as work and the company should be paying you for it.

The first aid and CPR certification is on going, it must be renewed every year.
Is it a Red Cross course that anybody can take anywhere, or is it employer-specific?  I could see an employer requiring that you maintain XYZ certification to be eligible for employment.  I don't disagree that it "should" be paid (mine was), but I could see that as a potential loophole.

Does anyone offer employer-specific cpr certification? Why would you when the red cross already offers classes?

I don't really understand how that could (or should) be a loophole.  How could you require employees to take yearly training/certification courses without paying them?

I've never done any training of any kind without being compensated.  I've honestly never even heard of it, other than when used as a prerequisite.  ie you must have a prior degree, or cpr training, or osha, or hazwhopper training, etc as a condition of getting hired, but once you are hired the company is responsible for any additional training they require (even if it's not employer specific).

When I read the law this sounds like exactly the type of scenario they were trying to prevent when drafting the fair labor standards act.   They were trying to stop employers from shifting work related tasks into free "training" and stop employers from having mandatory "meetings/training" and not paying.
I never said it should be a loophole. In fact, I stated quite the opposite.

Valhalla

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Re: Employer not paying for training - is this legal?
« Reply #27 on: April 09, 2015, 01:30:49 PM »
Again, read this:  http://dentalcare.com/media/en-US/pmkt/pdf/02_continuing_ed.pdf

and then consider posting to a legal board.  Most everything else here posted has been a waste of time for all involved.  Most of us do not know this topic well enough to advise the OP.

frugalnacho

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Re: Employer not paying for training - is this legal?
« Reply #28 on: April 09, 2015, 01:46:05 PM »
How extensively has this been discussed? was it an "oh, hey, this isn't what I was expecting" and the boss saying "eh, that's the way we do it here" kind of way or a "stop whining and deal with it" kind of way. That would change how I was going to handle it. Also depended on the general working environment there too.

It hasn't been discussed at all.  It's listed in their (very amateur) employee handbook and states it's mandatory and won't be paid.  The wording is something about not being paid because it's mandatory for employment (which doesn't make any sense to me).  I read it and it raised a red flag to me, but she was so excited about the job that she wasn't concerned and just brushed it off.  Earlier this week was the first 4 hour meeting, and it sucked, and I think while she was sitting in there it finally sunk in and the baby glow wore off, and she realized she was attending this mandatory 4 hour meeting and wasn't being compensated - and it sucked.   So she asked me what's up with it and what she should do about it - hence this thread.

She also hasn't had her cpr class yet.  I'm not exactly sure what's up with that.  It's allegedly required for employment, but she doesn't have it yet and has been working there for like 3 or 4 weeks.  So what if she just neglects to pay for and get cpr certified on her own time? Can she just continue employment there anyway?

I looked at the rates online, and multiplied it out by how many kids they have in each age range, and calculated out that they are taking in approximately $600,000/yr in tuition which totally blew my mind.  A near FIRE sized nest egg is being spent on day care every year at this one facility.  Subtract out 10 near minimum wage employees*, a mortgage on a commercial building, organic meals and snacks every day, liability insurance, and utilities, and I think this day care is turning a hefty profit.  I just can't imagine where $600k could disappear to.  Maybe I am wrong in my analysis, but it irks me even more to think the owner is swimming in gold coins scrooge mcduck style, while simultaneously trying to screw her employees out of 4 paid hours every other month.

*I am pretty sure all employees are close to minimum wage, and probably all below $10/hr.  They don't offer a 401k or insurance or any benefits so that's pretty much their total pay roll expense.  I don't see how total payroll could possibly be over $300k/yr even factoring in fica and higher wages for the owner/operator. 

frugalnacho

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Re: Employer not paying for training - is this legal?
« Reply #29 on: April 09, 2015, 01:49:47 PM »
I could see first aid and CPR training not being paid, though that's still shitty - but mandatory employer-specific training (i.e. not a universal certification that is good anywhere) should be paid, IMO.

This. If the requirement is just "you must have X certification to work (but we don't care where or how you get it)" then that's one thing, but when they say "you must attend this specific company-provided training at this specific time" that should count as work and the company should be paying you for it.

The first aid and CPR certification is on going, it must be renewed every year.
Is it a Red Cross course that anybody can take anywhere, or is it employer-specific?  I could see an employer requiring that you maintain XYZ certification to be eligible for employment.  I don't disagree that it "should" be paid (mine was), but I could see that as a potential loophole.

Does anyone offer employer-specific cpr certification? Why would you when the red cross already offers classes?

I don't really understand how that could (or should) be a loophole.  How could you require employees to take yearly training/certification courses without paying them?

I've never done any training of any kind without being compensated.  I've honestly never even heard of it, other than when used as a prerequisite.  ie you must have a prior degree, or cpr training, or osha, or hazwhopper training, etc as a condition of getting hired, but once you are hired the company is responsible for any additional training they require (even if it's not employer specific).

When I read the law this sounds like exactly the type of scenario they were trying to prevent when drafting the fair labor standards act.   They were trying to stop employers from shifting work related tasks into free "training" and stop employers from having mandatory "meetings/training" and not paying.
I never said it should be a loophole. In fact, I stated quite the opposite.

Yea i'm just saying that it doesn't make sense to me that it's even possibly a loop hole.  The law looks pretty black and white in that they were specifically trying to prevent this from being used as a loophole.  I would guess that unscrupulous employers used to use this, and then someone came along and said "this isn't right, we should make a law to stop employers from exploiting employees via this loophole".

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Re: Employer not paying for training - is this legal?
« Reply #30 on: April 09, 2015, 02:24:35 PM »
I have worked for multiple low paying small businesses (restaurants) where the boss scheduled lengthy unpaid meetings, and even bi-yearly all day things that involved cleaning and manual labor.  I went to one or two of the short meetings, but skipped anything else.  I think my boss was annoyed, but he knew he was in the wrong, so he didn't say much about it. 

Certification in CPR is required for any daycare job, she needs to be certified.  Her employer should foot the bill, but I probably wouldn't pitch a fit about that.  But regular, unpaid multiple-hour meetings - no way.  It is her call (not yours, by the way, she is an adult) whether to take that on the nose, but I would look for another position. 

Added: I now maintain a professional license which requires a certain number of hours of training every year, which can be costly.  Some of my employers have covered it, and some of them haven't.   My last employer required weekend trainings periodically that were unpaid, but technically not mandatory (but we obviously needed to go).
« Last Edit: April 09, 2015, 02:29:49 PM by jezebel »

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Re: Employer not paying for training - is this legal?
« Reply #31 on: April 09, 2015, 02:26:42 PM »
Small business owners are notorious for screwing low wage employees out of pay.  I worked for several of them in college.  The worst screwjob was when I drove a commercial truck containing equipment necessary for the job 8+ hours to a jobsite which should have benn overtime.  When I wasn't paid for it, the crew leader said it was the same as a commute and I was lucky to not to have to drive my own vehicle!  When attempting to collect the lost wages, I was met with apathy from the labor department and told I could file a claim in small court.  I should have but never did.  Even if she files a complaint and wins, the animosity will be horrible.  I say move on.

Move on as in quit and move on?  Or move on as in let her boss continue to disrespect and walk all over her (and every other employee)?

I can't speak for her, but the way I see it the disrespect is a bigger deal than the monetary compensation.   4 hours of near minimum wage pay is not going to make or break us, or affect our FIRE date substantially, even if it went on for years.  On the other hand, fuck her boss for thinking she can pull this kind of shit.  A 4 hour mandatory unpaid meeting/training?  I told my wife I would have asked if they were going to be paid just to be crystal clear on the issue, and then I would not be showing up unless it was paid.

Sorry if I wasn't clear.  I meant move on to another employer!  Life's too short to make minimum wage AND get the shaft!   

Jack

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Re: Employer not paying for training - is this legal?
« Reply #32 on: April 09, 2015, 02:54:24 PM »
Small business owners are notorious for screwing low wage employees out of pay.  I worked for several of them in college.  The worst screwjob was when I drove a commercial truck containing equipment necessary for the job 8+ hours to a jobsite which should have benn overtime.  When I wasn't paid for it, the crew leader said it was the same as a commute and I was lucky to not to have to drive my own vehicle!  When attempting to collect the lost wages, I was met with apathy from the labor department and told I could file a claim in small court.  I should have but never did.  Even if she files a complaint and wins, the animosity will be horrible.  I say move on.

Move on as in quit and move on?  Or move on as in let her boss continue to disrespect and walk all over her (and every other employee)?

I can't speak for her, but the way I see it the disrespect is a bigger deal than the monetary compensation.   4 hours of near minimum wage pay is not going to make or break us, or affect our FIRE date substantially, even if it went on for years.  On the other hand, fuck her boss for thinking she can pull this kind of shit.  A 4 hour mandatory unpaid meeting/training?  I told my wife I would have asked if they were going to be paid just to be crystal clear on the issue, and then I would not be showing up unless it was paid.

Sorry if I wasn't clear.  I meant move on to another employer!  Life's too short to make minimum wage AND get the shaft!   

Considering that she can afford to -- unlike probably every other employee there -- I think she should not move on but rather she should make a Federal case out of it (maybe even literally) in order to stop the employer from screwing over anyone else in the future.

Cassie

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Re: Employer not paying for training - is this legal?
« Reply #33 on: April 09, 2015, 03:07:26 PM »
Day care centers have a lot of turn over in employees for many of the reasons mentioned in this thread. My DIL works in one & tries to take her trainings online if possible so she can be home. I will have to ask her tonite if they pay for them.  If your wife makes waves they will just fire her. Unfortunately, that is how they roll.

Johnez

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Re: Employer not paying for training - is this legal?
« Reply #34 on: April 09, 2015, 03:24:49 PM »

Considering that she can afford to -- unlike probably every other employee there -- I think she should not move on but rather she should make a Federal case out of it (maybe even literally) in order to stop the employer from screwing over anyone else in the future.

This. She is in the perfect situation to cause change. What an opportunity. I say dig in and prepare for battle.


Ichabod

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Re: Employer not paying for training - is this legal?
« Reply #35 on: April 09, 2015, 03:48:51 PM »
A lot will depend on the business as well. Does she work for a government sponsored place like Head Start or a private day care? Also how big is the organization? Businesses with less than 15 employees are exempted from a lot of laws and regulations.

This. If it's a small daycare it may not be covered by the applicable federal statues. State law might cover it though, so look to that.

A quick search shows that the FLSA doesn't apply to companies with less than $500k in receipts.