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HR Solutions

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