Can an employee earn Overtime while at a training session or a meetingafter hours?
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