Training is directly related to the employee's job if it aids them in performing their present job more effectively, as distinguished from training for another labor skill.2 However, training is not considered directly related to an employee's job if the intention of the training is to prepare the employee for advancement to a higher skill.

Attendance at employee meetings, employer-sponsored training programs, lectures, work courses or meetings is not deemed voluntary if the employer requires the employee to attend or if the employee is led to believe that not attending would adversely affect their employment.

If you require employees to attend meetings or trainings during lunch or other meal breaks, that time is considered work time for which an employee must be paid. For more information, see Meeting or Training During Lunch Breaks in Meal Break.

Mandatory meetings that require an employee to report to work on days off or to return to work following the end of a workday may also trigger reporting time pay requirements. For more information, see Reporting Time Pay.

You need not pay employees for attending a state-mandated training program that you do not require or is not tailored to meet your individual needs.3 For example, mechanics and skilled laborers did not need to be paid for time attending courses on advanced electrical circuitry that they voluntarily enrolled in and attended on their own time because the training was not designed to enable the employees to perform their present jobs more efficiently.4

Public and private sector employees within a particular governmental jurisdiction may be required by law to attend specialized or follow-up training outside regular working hours to achieve certification. You need not pay public employees who attend this training.5

Time voluntarily spent by employees to maintain their physical fitness is not considered working time even if fitness is a job requirement. On the other hand, the time will be considered working time if the employee is required to participate in a remedial physical fitness program as a condition of continued employment.6

Remember that employers must also reimburse employees for expenses incurred as part of the job and you may be required to pay for the cost of certain training courses, in addition to the time spent. For more information, see Expense Reimbursement.

The U.S. Department of Labor (DOL) issued an opinion letter addressing when voluntary, employee-initiated training may be compensable work time. The DOL examined different training time scenarios and drew a distinction between the scenarios that centered around when the employee took the training.7 The DOL opined that when an employee takes the training during work hours — regardless of whether the training was job-related — the time is compensable as work hours. These hours would be compensable even if the employee had the option to take the training outside of work hours. The DOL noted that employers can create policies that prohibit taking voluntary training during work hours to help mitigate this issue.

The DOL also noted that if an employee travels to a voluntary training that occurs outside of working hours, that travel time is not compensable even if the travel occurred during work hours because the employee is doing so at their own option and convenience for a voluntary training that takes place outside of work hours.

1. 29 CFR sec. 785.27.; DLSE Enforcement Policies and Interpretations Manual sec. 46.6.3