Taking Fear And Intimidation Out Of The Legal Process, And Arming You With The Facts

Is employer‑required training compensable?

On Behalf of | Jun 17, 2025 | Employment Law For Employees |

When your employer makes training mandatory, you might wonder if that time counts as paid work. You’re right to check—what seems like voluntary training often includes hours your employer must compensate you under the law.

What does the law say?

The Fair Labor Standards Act (FLSA) treats training time as work unless it meets all of these conditions: it happens outside your regular hours, you attend voluntarily, the content doesn’t relate to your job, and you don’t perform any actual work. If the training fails to meet even one of these standards, your employer must pay you.

Why mandatory training usually requires pay

Your employer must compensate you if they schedule training during your work hours, assign you to it, or require you to improve job-related skills through it. Even if they label the session unpaid, mandatory attendance makes it paid time. Courts consider factors like whether the training happens during your shift or whether skipping it could hurt your position. If the training benefits your employer more than you, they must treat that time as paid.

Examples from real cases

In one Fourth Circuit case, a casino required dealer applicants to attend pre-hire training. The court ruled the casino gained the primary benefit and ordered payment for that time under the FLSA. That case shows courts look closely at who benefits more from the training—you or your employer.

Stay informed and assert your rights

If your employer asks you to attend training without pay, think about when the training happens, whether it improves your job performance, and whether participation affects your standing at work. These clues help you decide if the law requires pay. Employers might call some programs voluntary or after-hours, but the law focuses on the benefit and requirement, not the label.

Employers sometimes avoid costs by not paying for mandatory training. However, wage laws protect you. If your training time benefits the company and meets the criteria, you have the right to demand payment.

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