Should I be getting paid for training? (in CA)?

Question

I am a preschool teacher in CA. My employer wants all the teachers to take CPR/first aid training. We did this 2 years ago, so I guess this is to renew it. Anyhow - this is an 8 hour course done on a saturday after completing a 40 hour work week, or over two evenings, 4 hours each, emidately after completing an 8 hour work day. Is this legal to require us to do this for free!? Shouldn't we not only be getting paid, but recieving overtime? And what about travel expenses if we have to drive further for this training? Does anyone know where I can find legal documention to prove my case? Thanks! I didn't question doing this for free last time (probably because I was a new hire), but I don't want to do it again!

Just to add - I work for a private school, we do not have a union, and I will most definately be asking my boss about this tomorrow!! But I am expecting her to argue the other way, so I want to be prepared with legal back up, lol. ;)

Answer 1

The Fair Labor Standards Act (FLSA) is the federal law that sets minimum wage and overtime standards and it requires that any job-related training required by the employer must be paid for. In addition, the hours spent in such training must be counted towards overtime, unless the training meets ALL 4 of the following criteria:

(a) Attendance is outside of the employee's regular working hours;
(b) Attendance is in fact voluntary;
(c) The course, lecture, or meeting is not directly related to the
employee's job; and
(d) The employee does not perform any productive work during such attendance.

See Title 29, United States Code of Federal Regulations, Part 785.27.

If you need help convincing your employer that he/she needs to pay you for this time, contact the Wage and Hour Division at www.dol.gov, or 1-866-4US-WAGE. They have investigators there that enforce the federal labor standards.

Hope this helps.

Answer 2

You should check your contract. You have a union, I assume. Check the agreement (contract) between your bargaining agency and your employer. I am also a prek teacher (in Oregon) and it is required for us as well. The district provides a CPR/first aid training for us on a non service day...our nurses do this...however, if for some reason you aren't able to make that training, it is up to the employee to get the certification. Also, the district does not have to do this for us, but they do. It's sort of like requiring continuing education credits...your district will not pay you for continued schooling, but it is required. I know it stinks to spend a Saturday like that. Maybe you could talk to admin and see if an inservice day or another day when kids are not served, if the nurses could provide this training. the nurses, of course, must be certified instructors in CPR/fist aid as well.

Answer 3

CA employment law ALWAYS favors employees. Most likely they should be paying you for any training time that is required of your job and any travel time OVER how long it would normally take you to get to/from work.

I would look to the California Dept of Fair Employment & Housing for more information. On a side note, if you work for the state rather than a private school, the rules might be different (since you work for the govt.)

Answer 4

Normally, employers are required to pay for training time to employees. But this being a certification required in order to teach not sure. If I were you try calling the deparment of labor there in Calif. and they should be able to help you out.

Below is there website and contact information.

Answer 5

BSIS is a government agency, not a company. Since the BSIS license is required to work as a guard, and can be used whichever guard company he works for, the company is not required to pay him for the time it takes him to take the required training - just as, say, a delivery company doesn't have to pay a driver for the time it takes him to renew his drivers license. Now, if the company says not "you have to do your BSIS renewal class before it expires", but "you have to do your BSIS class this Friday at 2pm at our office", there could be a valid claim for the hours being "under the direction of the employer", and payable. However, it sounds from what you are saying that the company is picking up the tab for the BSIS class. They are not required to do that, and I assure you that the class costs more than the after-tax income from 2 1/2 hours of overtime. Richard

Answer 6

Did you even ask the supervisor if you were able to get compensated ?
Your question looks like you just came here instead of asking at your office . . . why ?