Unpaid Training Lawsuits
Last Updated on January 11, 2022
At A Glance
- This Alert Affects:
- Workers who weren't paid for training time.
- What's Going On?
- Attorneys working with ClassAction.org are investigating the pay practices of businesses across the country. They're filing class action lawsuits against those that are illegally denying pay for training time.
- Is Unpaid Training Illegal?
- In general, training must be paid unless the time meets four strict criteria, which are further discussed below.
- How Can a Class Action Lawsuit Help?
- A class action lawsuit can help workers recover money for unpaid training time, as well as overtime pay if extra hours are worked.
- What Can I Do If I Wasn't Paid for Training?
- Fill out the form on this page. One of the attorneys handling this investigation may then reach out to you directly and explain how you may be able to collect your unpaid wages.
- What's the Catch?
- There is none. It doesn't cost anything to talk to someone, we don't send your information to anyone other than the attorneys we work with and you're not obligated to take legal action just for learning more about your rights.
Attorneys working with ClassAction.org are investigating the pay practices of companies across the country.
They have reason to believe some companies are illegally denying their employees pay for time spent in training. Only in certain circumstances should training time go unpaid. When companies illegally deny proper pay for this time, employees may be able to file a class action lawsuit to collect their unpaid wages under a federal law known as the Fair Labor Standards Act (FLSA).
When Is Unpaid Training Illegal Under FLSA Laws?
In general, training that takes place during work hours should be paid, according to the FLSA. Only in certain instances can training go unpaid.
In these situations, the training must meet ALL of the following criteria:
The training takes place outside the worker’s normal work hours
The training is not mandatory
The training isn’t directly related to the employee’s job
The employee doesn’t carry out productive work during this time
If even one of these conditions isn’t met, the employee should be paid for his or her training time. When training goes unpaid, the worker loses out on regular pay, as well as overtime wages if the extra time extends his or her hours beyond 40 per week.
What About Traveling to Training?
There are certain situations in which an employee must be paid for traveling to training under the FLSA. These include:
When the training, seminar, etc. keeps the worker away from home overnight and travel for the training occurs during normal working hours, “off days” included.
When the employee works (on an airplane, train, as a passenger in a car etc.) while traveling to training.
When the employee travels to a one-day training course or seminar – and such training is an integral part of his or her job.
What About Training Before You’re Hired?
Some companies may try to avoid paying for initial job training by telling the applicant that the process is part of the interview or “pre-hire” training. Such statements don’t hold up under federal labor laws. Companies must still pay for training time – regardless of whether they hire the employee – so long as the training is mandatory.
What About Mandatory Training?
As discussed above, if the training is not being performed voluntarily, the time must be paid.
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