FLSA requirements regarding study time
Does anyone know what the requirements are from a FLSA perspective when it comes to study time for employees who are nonexempt? Do we have to pay them for study time for the following
1. Certification is required for the job (If we do have to pay for the study time, how much time do we pay them for)
2. Industry Education is recommended for their job and put as a goal on their Performance Appraisal
Any feedback or recommendations will be appreciated.
My initial questions would be - what have you done in the past that has set a precedent for future discussions?
Additionally - I know people don't like to call the DOL in their state to ask questions because we are scared it might trigger a "random audit" but it truly doesn't. They have enough to do without digging into random questions that people call in with. They'd rather have you ask and do it right than continue to do it wrong and end up in trouble.
Jessica: Stephanie is right - look at what you've done and consider calling the State DOL. Here is what we've been counseled by an attorney when it comes to training:
Meetings/Training—you don't have to pay the employee if all four of these are met:
•Attendance is outside of the employee’s regular working hours
•Attendance is, in fact, voluntary
•The meeting/training is not directly related to the employee’s job
•Employee does not perform any productive work during attendance