Help! Is this Ilegal? Not getting paid for working!?

Question

I was wondering if its legal for a company to not pay you if you are training. Like if you are being trained and they don't pay you because you are just starting.

The place i used to work had cooks and busers who wouldn't get paid for like the 3 first weeks because supossely they were in training and if they didn't learn they would get fired without ever getting paid. i was wondering is this ilegal?? Because it seems unfair that you are still working even though your in training.

Can someone tell me if i could report this to the department of labor and to who do i report it...can someone please help, i don't want them to be doing that to other people...even though they never did that to me it seems unfair!
I live in Washington State so can someone tell me if i need to report it and to who? Thanks i would appreciate it!

They aren't like interns they do the job like anyother cook or buser there they just don't get paid because supposely they are learning and they never get briefing on what they are suppose to do!

They don't make you sign any documents or contracts !

Answer 1

I'm a International Lawyer, familiar with labor law, but unfamiliar with the labor code in Washington State. However, part of your issue (questions) is regulated by the Fed.s through the IRS, et al. The answer to your question at first appearance seems logical. Yes, of course your employer should pay an "employee" for time spent on the job training. However, you need to address these issues first: a. were you asked to enter into an agreement/contract providing otherwise upon hire?; b. you mentioned the terms "cooks and busers." I can only assume this a food-service establishment of sorts. Is the individual you are speaking about bona fide employee or an independent contractor, i.e., do they receive a W-2 or 1099? There are very specific questions that determine what constitutes each of the above, regardless of how your "employer" has classified your friend. Unfortunately, many small businesses make the error of classifying an employee as a independent contractor (most intentionally and illegally to save money and paperwork). The Washington State Dept. of Labor's Investigative Division or employee complaint dept. there (as well as the IRS and U.S. Dept. of Labor) are very interested in examining these cases, as it is a illegal practice - usurping taxes from the States and the Fed.s. The Washington State's Department of Labor's Web site is under renovation; however, visit the following URL's, and you will find useful information there, such as an overview of employee rights and people you can contact for assistance: http://www.lni.wa.gov/ or more particularly: http://www.lni.wa.gov/WorkplaceRights/default.asp. Feel free to contact me and best wishes! Rob

Answer 2

It depends on what kind of papers that you filled out and signed when you were hired. Though most companies do have some sort of paid training, apparently the company that you or people you worked with didn't. If you still have any of the papers, or copies I would go back and read the fine print. Whether it is legal or not depends on the state you live in also. There may be some state or federal regulation that prevents it, and it also depends on the type of industry.
Chances are the business has done it's homework and they are protected. They were probably banking on the fact that these people would need a job badly enough that they didn't read what they were signing when they hired on, and are probably well within their rights.
You could check it out at the Labor Board in your state, but as I said they are probably within their rights if they have been in business for any length of time.
It's one of those things that you chalk up to a bad and learning experience.
Good Luck with your pursuit!

Answer 3

Yes, what you described is legal.

The Dept of Labor says, "if a person is considered a "trainee", that person is not considered an "employee" and does not have to be paid minimum wage and overtime."

Now, to be fair there are VERY stringent guidelines for this because as you mentioned, it has potential for misuse. But, it may not be black and white. For example, in your own posting you wrote, "...and if they didn't learn they would be fired." By your own words you described a situation where clearly someone may not grasp the desired skills by the end of three weeks. The word "learn" is exactly what the exemption is for!

Here is one way to view this. Say, you go to college to become a business manager at a restuarant. Does the restuarant who eventually hires you pay for your "training" in college? No way! Further, it is likely that in college you had to "intern" for 3 credits in some careers. This arrangement is prime for not paying you. However, notice that most interns from college DO get paid because the company knows they are dealing with more skilled and trained people. The dishwasher job you noted, however, is for less skilled talent and may not feel compelled to compensating during the training period.

On the flip side...

* Three weeks might be considered excessive length for this skill set - you might succesfully argue that point

* During training, very little of the work performed by the trainee can be to the benefit of the employer. In other words, if they get a 5 minute briefing and then "sent to work", they are likely breaking the intent of the law - training is meant for observing another employee, classroom setting, watching videos, but not actually performing the day to day duties.

* Your best point of reason is most likely going to come down to legal documents. Employers who forgo payment during training are strongly encouraged to have the trainee sign a contract stating their awareness. Whether this contract exists or not will go a long way in determining if you have a valid claim. If the trainees are signing this well aware of the "deal", then you are likely going to fall short in any claim. However, if no contract is involved, your legal argument gains a lot of momentum.

Here is a sight that lists specific examples of what is and what is not legal. It is from Texas, but it should give you a deeper understanding of your issue.

http://www.twc.state.tx.us/news/efte/advanced_flsa_issues.html#interns_trainees

Answer 4

Just move on. If there going to screw you like that it will never change. Find a new employment where the company will treat you well from the start . That is just common sense.

Answer 5

department of industry labor and human relations dihlr that is illegal and yes report them should find the number in phone book or on line otherwise call the courthouse and they will help you

Answer 6

report it, i don't think it is legal. Go ahead and report to the department of labor, and if this is wrong, have them refer you to the proper authority.

Answer 7

You are still supposed to be paid. If you aren't, report it to the head chief.

Answer 8

Its legal and happens all the time,, deal with it. It's the way to get a job.