212.627.8100Most employers offer some form of training to ensure that new hires understand their roles and responsibilities. Employment-related training sessions may introduce new employees to the corporate culture, educate employees about sexual harassment policies, or provide technical guidance to familiarize employees with the office’s computer systems. As a new hire, it’s natural to wonder whether you will be paid for attending these training sessions. Navigating New York’s unpaid training laws can be confusing and complex, especially if you are not familiar with your legal rights as an employee. In mostcases, training is a critical component of the onboarding process and employees are entitled to pay.
Both federal and state labor laws protect employees from unfair labor practices on the part of employers. The Fair Labor Standards Act (FLSA) and the New York Department of Labor (NYSDOL) regulations provide that unpaid training is only acceptable under certain conditions. If you believe that your employer has violated your rights or deprived you of the wages you have rightfully earned, it’s worth discussing your concerns with a highly experienced New York wage and hour attorney to review the specifics of your situation and identify the most strategic path forward. Today, we will take a look at mandatory training pay in New York and how enlisting the guidance of a trusted New York overtime lawyer can help you resolve your dispute so that you can move forward with your career.
Understanding Unpaid Training Time in New York
When new employees are hired, their employer typically provides an orientation to introduce the new hires to the company and familiarize them with its rules, procedures, and general culture. Whether this orientation should be paid depends on a few factors. If the orientation is a requirement for new employees and it takes place during the typical working hours, employees who attend are entitled to receive pay for their participation. However, if the orientation is optional or voluntary, the employer may not be required to compensate employees for their time. As you begin this next phase of your professional life, it’s essential to clarify with your employer whether you are required to attend the orientation, as mandatory attendance typically makes you eligible for compensation.
When Mandatory Training Must Be Paid
Both The Fair Labor Standards Act (FLSA) and the New York Department of Labor (NYSDOL) regulations set forth conditions under which an employer must compensate employees for attending training or other employment-related activities. Under the FLSA, employers must pay employees for training sessions that are mandatory and held during typical work hours. The NYSDOL reinforces the FLSA, requiring that employees must be paid for mandatory training that is:
- Required by the employer
- Required for the employee to maintain employment
- Related to job-specific training
- Related to compliance and certification training
- Related to safety and workplace conduct
Whenever an employer requires you to attend a training that is held during normal business hours, you can expect to be paid for your attendance. For more detailed information about New York labor law training pay, reach out to a highly skilled and trusted unpaid wages attorney today.
When a New York Employer May Not Need to Pay Employees For Training
There are some exceptions to state and federal rules that require employers to pay employees for attending training sessions. According to the FLSA, “Attendance at lectures, meetings, training programs and similar activities need not be counted as working time only if four criteria are met, namely: it is outside normal hours, it is voluntary, not job related, and no other work is concurrently performed.” In other words, employers may not be obligated to compensate employees for trainings if the following conditions are met:
- Attendance is voluntary
- The training takes place outside regular work hours
- The program is unrelated to the employee’s job or position
- The employee did not perform any job-related duties or productive work during the training session
To learn more about workers’ rights concerning training or other off-the-clock work in New York, reach out to a top employment law firm at your earliest convenience to understand your rights and options.
Common Wage Violations Involving Training Time in New York
There are several ways that an employer can violate your rights as an employee. Some of the most common wage-related violations that involve training sessions include:
- Holding mandatory unpaid onboarding sessions for new hires
- Making employees participate in mandatory online training sessions that are completed at home
- Requiring employees to obtain certifications and continuing education credits without pay
- Requiring employers to participate in off-the-clock training sessions directly related to their jobs
These matters can quickly become confusing to navigate as a new employee, and you may feel pressured into simply accepting the employer’s request without asking any questions or expressing your concerns. If your employer is refusing to answer your questions or fully explain your rights as an employee, it’s helpful to reach out to a highly experienced New York overtime lawyer for the trusted legal guidance you need to make more informed decisions with greater certainty and confidence.
FAQs About Mandatory Training Pay in New York
Does my employer have to pay me for mandatory training?
In most cases, yes. If attendance is required and related to your job, the time is generally considered compensable.
What if I complete mandatory training at home?
Employees are often entitled to pay when they complete required training outside of regular working hours, regardless of where the training happens. For more detailed information, contact a skilled New York employment lawyer today.
Can training time count as overtime?
Yes, compensable training hours are generally included when calculating an employee’s overtime eligibility.
Contact a Trusted New York Employment Attorney Today
If you are struggling with an employment-related issue, such as unpaid overtime or wage disputes, the highly qualified and experienced legal team at Levy Ratner is here to help. Our number one priority is bringing workplace disputes to their optimal resolution so that our clients can move on with their careers. Please get in touch with our New York office today by calling (212) 627-8100 to get started with a trusted and dedicated employment law attorney.