Anderson Law Offices

Can an employee earn Overtime while at a training session or a meeting

after hours?

03/01/06

The entry from last month that reported that required "therapy time"

can be "hours worked" under the overtime laws stimulated some questions from

you about training seminars generally.

Here is the standard:  Obviously training during normal working hours is

"hours worked,"  if you directed or approved it.  Training programs and meetings

do NOT represent "hours worked" if all of these criteria apply:

·        held outside regular work hours

·        attendance is truly voluntary (not truly voluntary if

      employee led to believe non-attendance would affect

      her employment negatively)

·        program or meeting is not directly related to

      the person's job, including increasing the employee's

      effectiveness in the job currently held, and

·        employee performs no productive work while

      attending the session

This test is set forth as part of the federal regulations under

the Fair Labor Standards Act, 29 CFR 785.27