Many employers offer after hours training programs for staff to benefit their jobs and careers. For non-exempt employees, employers do not need to pay for this time if attendance is voluntary, it occurs outside regular working hours, it does not directly relate to their job, and no other productive work is performed during. However, attendance is not truly voluntary if employees feel their job would be affected by not attending.

1. After Hours Training:
Payable or not?
Many employers like to give their staff opportunities to attend
lectures, meetings and other training programs that will benefit
them in their jobs and careers.
The key question for employers is...
are nonexempt employees paid for this time?
Here’s the fourcriteria that must be met to not count the
time as working time:
1 2 3 4
Attendance is
VOLUNTARY
The time
occurs
OUTSIDE the
employee’s
regular
working hours
The activity
does not
directly
RELATE to
the employee’s
job
No other
PRODUCTIVE
work is
performed by
the employee
during this
time
Attendance is not considered voluntaryif employees are told or
led to believe that present working conditions or continuance of
employment would be adverselyaffected by not attending.
copyright 2014