Paying an exempt employee for training

Frenchie

We are hiring an associate for an exempt position. She will begin working on 2/25, however I have asked her to attend a two hour training session this week. Do I have to pay her for this time, and if so, how do I do that since she is salary?

Gar

[font size="1" color="#FF0000"]LAST EDITED ON 02-19-02 AT 02:25PM (CST)[/font][p]This seems more like a fairness issue. There's no federal law that says you have to. But why wouldn't you since you're requiring her to take the training? What have you done in similar circumstances? Do you pay your exempt males for training? If so, you could be sitting on Equal Pay Act and title VII (sex discrimination) claims.

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 02-19-02 AT 02:48PM (CST)[/font][p]You may have a technical problem here and should consult an attorney. The way I see it is that you may in fact have to consider the emplyee "hired" as of the training date. It depends on whether or not you are REQUIRING the employee to attend the training (either by clear direction or "coercion" or by just "hoping" that she will go). I base this on how DOL sees wetther "training" is compensable as work or not, which one could argue is applicable to both exempt and non-exempt employees for the issue of determining when someone is at work or not.

I say this because, "exempt" status only exempts the individual from the FLSA minimum wage and overtime requirements. It doesn't appear to get the employer "off the hook" for considering whether or not the individual is employed. Thus, it seem to me by taking at look at how FLSA considers training, in your situation, and whether that is work or not is the critical issue.

If it is mandated in some way, then the training probably would be considered work and therefore the exempt employee is beginning work on the day of the training. As an initial work week of course, you wouldn't have to pay the indiviudal for the entire week if she didn't work it, or you could consider the absence days between the training day and the beginning of other duties on 2-25 to be personal days off, and you wouldn't have to pay her for them either.

This is just a layperson's opinion. But you, as I said, should consult with an attorney, on whether or not you are obligated to pay the employee's "salary" for day and the week in which she goes to training.