California Training Time Pay

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Employers Must Compensate Employees for All Training Time

Training time may be defined as any time an employer requires an employee to attend or perform any training activities. If the employer requires the training, then it must pay the employee for his or her time. This is true whether the employee conducts the training activity at home, in a coffee shop, or at the employee’s work location.

California Law and Pay for All Hours Worked; No Minimum Wage or Overtime Waiver

California employment laws require employers to compensate employees for all hours worked. An employee, for example, cannot waive the employee’s right to minimum wage. But asking an employee to attend or perform work-related training without pay asks them to do just that—to waive minimum wage. And where training time pushes the employee into overtime hours, it is unlawful to pay the employee a reduced “training time pay” rate in order to pay less overtime.

Employees Forced to Training Time Without Pay, Reduced pay Or Minimum Wage Are Entitled to Back Pay, Attorneys’ Fees, and Litigation Costs

California employment law is very clear: you cannot waive your right to minimum wage or appropriate overtime compensation. Labor Code, section 1194 contains this prohibition and states that employees are entitled to attorneys’ fees and litigation costs. What is also important about Section 1194’s attorney fee provision is that it is a “one-way attorney fee provision.” This means that if the employee wins, the employee gets their back pay, interest, attorneys’ fees, and litigation costs; but if the employer wins, the employer gets nothing from the employee.

Contact Us if You Have Been Denied Pay for Training Time