The Ins and Outs of Training Time Per the Massachusetts Wage Act and the Fair Labor Standards Act
Determining Whether Employees Should Be Paid For Training Time Under Massachusetts and Federal Laws
Does my massachusetts employer have to pay me for lectures, meetings, or trainings?
Generally speaking, the answer to this question depends on whether the lecture, meeting, or training occurs before or after you are hired. If the lecture, meeting, or training occurs before you are hired, it’s more likely that you don’t have to be paid. If the lecture, meeting, or training occurs after you are hired, it’s more likely that you do. Each of these are addressed below. This is an important question with important consequences. If your employer is not paying you for training time, you may have a claim to compensation for that time, plus triple damages, attorneys’ fees, interest, and costs.
Does my massachusetts employer have to pay me for lectures, meetings, or trainings that occur before i am hired?
Yes, but not if you are actually a ‘trainee’ as opposed to an ‘employee.’ Most courts consider the following six factors when determining whether an individual is a ‘trainee’ or an ‘employee.’ This seems to apply to situations where individuals must have certain certifications before they are hired. If the following factors suggest that you are an ‘employee,’ as opposed to a ‘trainee,’ you should be paid for the time.
The training, even though it includes actual operation of the facilities of the employer, is similar to that which would be given in a vocational school.
The training is for the benefit of the trainees.
The trainees do not displace regular employees, but work under close supervision.
The employer that provides the training derives no immediate advantage from the activities of the trainees; and on occasion his operations may actually be impeded.
The trainees are not necessarily entitled to a job at the conclusion of the training period.
The employer and the trainees understand that the trainees are not entitled to wages for the time spent in training.
No one of these factors is more important than the other. Also, courts routinely state that this list is not meant to be exclusive, meaning other facts may be considered when determining if someone is an employee or a trainee in Massachusetts.
Does my MASSACHUSETTS employer have to pay me for lectures, meetings, and training programs that occur during my employment or after i am hired?
Yes, unless your employer can establish the following four criteria: (1) attendance is outside of your regular working hours, (2) attendance is voluntary, (3) the course, lecture, or meeting is not directly related to your job, and (4) you don’t perform any productive work during such attendance. If all four of these are met, the time spent at the lecture, meeting, or training program does not need to be paid.
Are you a Massachusetts employee attending lectures, meetings, or trainings without compensation? If yes, contact Steffans Legal today for a free consultation.
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