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Wage and Hours
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We employ a lot of employees who have a degree is psychology and are working on the LSW, MFT etc license. As a benefit to them, we provide 2 hrs/week of "licensed clinical supervision" hours to help t
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Forums » Topic Forums » Legal Forum » Wage and Hours
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Wage and Hours
posted at 8/27/2010 7:56 AM EDT
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Posts: 14
First: 6/8/2010 Last: 4/28/2011 |
We employ a lot of employees who have a degree is psychology and are working on the LSW, MFT etc license. As a benefit to them, we provide 2 hrs/week of "licensed clinical supervision" hours to help them towards their license. This training definitely helps them in their job. For some staff, this hours fall within their regular work hours, and for some it falls out of their work hours. all staff are full time. Should we pay for this hours for all staff even though it is a benefit for them, the training mirrors independent outside training, and the training is beneficial for their longer term career even outside the organization.?
Any help will be appreciated? |
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Wage and Hours
posted at 8/27/2010 8:10 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Are you, as the employer, getting "benefit" out of the arrangement? That is are they seeing your patients that are being charged for the time? Most unpaid training has very specific requirements....
Is it required by the employer? Is the employee doing their regular duties? http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.32.htm see also sections 27-31 I think your sticking point is going to be the fact that they are training DURING work hours....I think you would have a hard time arguing those are training that is exempt from paying wages. |
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Wage and Hours
posted at 8/27/2010 8:12 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
sounds to me like it meets the definition of paid training time under the FLSA.
29 C.F.R. § 785.28 Training directly related to the employees job is defined as: The training is directly related to the employeeâs job if it is designed to make the employee handle his job more effectively as distinguished from training him for another job, or a new or additional skill. For example, a stenographer who is given a course in stenography is engaged in an activity to make her a better stenographer. Time spent in such a course given by the employer or under his auspices is hours worked. However, if the stenographer takes a course in bookkeeping, it may not be directly related to her job. Thus, the time she spends voluntarily in taking such a bookkeeping course, outside of regular working hours, need not be counted as working time. Where a training course is instituted for the bona fide purpose of preparing for advancement through upgrading the employee to a higher skill, and is not intended to make the employee more efficient in his present job, the training is not considered directly related to the employeeâs job even though the course incidentally improves his skill in doing his regular work. |
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