Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203
In California, employees are generally entitled to be paid for time spent in training prior to starting a job, as long as the training is job-related and mandated by the employer. California labor laws are strict when it comes to ensuring that workers are compensated for all the normal work hours they spend engaged in activities required by their employer. Unpaid training may be illegal.
Training Pay Under California Law
The California Labor Code and Wage Orders issued by the Industrial Welfare Commission (IWC) stipulate that employers must pay employees for all hours worked. Training time qualifies as “hours worked” if the training is:
- Mandatory Training: If attending the training is required by the employer, the time must be compensated. For instance, if you must complete training to continue performing your job or qualify for a promotion, you should be paid for that time.
- Job-Related: If the training directly relates to your job duties or the company’s operations, it typically falls under paid employee time. This could include learning new software, attending compliance seminars, or other productive work during an employee’s regular working hours.
- During Working Hours: Even if the training occurs outside of regular working hours, if it is required or directly benefits your job performance, employers are still obligated to compensate you for additional training.
Voluntary vs. Mandatory Training
Voluntary training programs or seminars that employees attend outside of work hours, especially if they are unrelated to job duties, do not require payment for the employee. However, the training must genuinely be voluntary. If an employee feels pressured or if there’s any indirect expectation to attend, that training might still be compensable.
Reimbursement for Expenses
In addition to being paid for time spent in training, California employees are often entitled to reimbursement for expenses related to mandatory training, such as course fees, materials, or travel costs, under California Labor Code Section 2802. Employers must cover these necessary expenses incurred as part of the job, including job-related training.
Training Pay Rate
In California, employees are generally entitled to be paid for time spent in training during normal working hours, under strict labor laws designed to protect workers. California law, specifically the California Labor Code and Industrial Welfare Commission (IWC) Wage Orders, requires employers to compensate employees for all hours worked, which includes time spent in training, if it meets specific conditions.
In California, the training pay rate must be at least the minimum wage for the time spent in mandatory job-related training. The state’s minimum wage in 2024 is $16 per hour, though it may be higher in certain cities or counties due to local minimum wage laws.
If the training is related to work and required by the employer, it is considered compensable time, meaning employees must be paid their regular wage or overtime rate if applicable. For example:
- If a non-exempt (hourly) employee works over 8 hours in a day or 40 hours in a week, including time spent in training, they must be paid overtime for those extra hours at 1.5 times their regular pay rate.
- Exempt (salaried) employees do not receive additional pay for training, as they are paid a fixed salary regardless of hours worked.
In addition to paying the correct hourly rate for training time, employers may also need to reimburse employees for any necessary expenses incurred during mandatory training, such as travel or materials, under California Labor Code Section 2802.
It’s essential for employees to understand their rights regarding training pay to ensure they are fairly compensated according to California labor laws. If an employer fails to pay for mandatory training, the employee may be entitled to back pay or other legal remedies.
Is It Illegal To Not Get Paid For Training – FAQ
can my employer make me do training in my own time? If the training is mandatory for an employee’s job, the employer is legally obligated to pay a new hire or current employee for the time spent training. If the training is done outside of work hours, workers may be eligible for overtime pay, as well.
if my employer refuses to pay for mandatory training, what should i do? If your employer refuses to pay for mandatory training, you should contact an employment law attorney so they can help you get paid for attending the mandatory training. The attorneys at Lawyers for Justice, PC offer free consultations.
do you get paid for onboarding? Employees should receive compensation for onboarding if the onboarding is mandatory or relates to the specifics of their job duties.
do hourly employees get paid for training? Yes, California wage and hour laws express that employers pay all non-exempt hourly employees for attending mandatory company trainings.
is unpaid orientation legal? The time an employer requires you to spend working, even if you are not yet “being productive” must be paid. This includes donning and doffing, orientation, and trainings. If they do not pay you, they are stealing your time by refusing to pay you.
is paid training required? According to California law, the employer has to pay for the time the employee spends on training plus the cost of the training itself.
