Imagine showing up for a training session your employer requires, only to find out you won’t be paid for the hours you spend there. It’s frustrating, and you might wonder if that’s even legal.
The truth is, whether your employer must pay you for training depends on several factors, including whether the training is mandatory, when it occurs, and how it relates to your job duties.
Under the Fair Labor Standards Act (FLSA), most required or job-related training must be counted as hours worked and compensated accordingly.
When Is Training Considered Paid Work?
Not every training session qualifies as paid work under federal law. Mandatory training, such as safety programs, harassment prevention courses, or job-required certifications, must always be paid.
Voluntary training may be unpaid only if it’s unrelated to your current role, happens outside regular hours, and you perform no work during it. Even so, “voluntary” training can blur into required work if attendance is expected, recommended, or affects job performance or advancement, and in those cases, it’s usually compensable.
Training Outside Regular Hours
If you attend training on weekends, evenings, or during off-hours, you must still be paid if the training is mandatory or directly related to your job.
Travel time to and from required training sessions may also count as compensable time under the FLSA.
Training Pay for Tipped Employees (Servers and Bartenders)
For tipped employees, such as servers, bartenders, and delivery drivers, the rules around training pay are especially important.
During training periods, employers cannot pay the tipped minimum wage. Instead, trainees must be paid the full applicable minimum wage (federal or state), because training does not involve earning tips.
Example:
If a restaurant’s tipped minimum wage is $2.13 per hour and the federal minimum wage is $7.25 per hour, a new server in training must be paid $7.25 per hour for all training hours, not $2.13.
Some states, like California, Washington, or Nevada, have higher minimum wages. In those states, the full state minimum applies during training, even if the employer normally takes a tip credit afterward.
Once the employee begins regular tipped work and is able to earn tips, the employer may resume paying the lower tipped minimum wage, but only after training is complete.
Failing to pay full minimum wage during training can result in wage and hour violations, back pay liability, and penalties under the FLSA.
What to Do If You Weren’t Paid for Training
If you suspect your employer owes you for training time:
- Check your pay stubs and timesheets for missing hours.
- Consult an employment attorney to determine if you’re owed back pay under federal or state wage laws.
Our law firm represents employees across the United States in unpaid wage and training pay disputes.
If your employer failed to pay you for mandatory training, you may be entitled to compensation. Contact us today for a free consultation.
FAQs About Paid vs. Unpaid Training
Do employers have to pay for mandatory training?
Yes. If training is required or directly related to your job, it must be paid.
Can my employer make me attend unpaid training after hours?
Only if it meets all four FLSA exceptions (voluntary, outside hours, unrelated to your job, and no productive work).
Do I get paid for online training done at home?
If the training is mandatory or job-related, yes, even if completed remotely.
What if I’m a tipped employee in training?
You must be paid the full minimum wage during training, not the tipped minimum rate.
Know Your Rights and Protect Your Time
Training helps you build skills and perform your job better, but it should never come at the cost of unpaid labor. Understanding when training must be paid ensures you’re treated fairly and legally under the FLSA. If you weren’t paid for required training, our nationwide employment lawyers can help you recover unpaid wages. Contact us today for a free case review.