02 Sep Do We Have to Pay an Employee for Training and Orientation?
An employee quit after training and orientation, but before starting their actual job. Do we have to pay them?
Yes, this former employee must be paid for the time they spent in required orientation and training, even if they did not begin their regularly scheduled work.
Under the Fair Labor Standards Act, workers must be paid for any time they are required or allowed to work. Time worked ordinarily includes all time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed work place—essentially any time spent under the employer’s control. This includes new employee orientation, paperwork completion, reading of the employee handbook, and on- or off-site training. It doesn’t matter that the employee wasn’t yet doing the job you hired them to do; it only matters that what they were doing is considered time worked under the law
The HR Support Center is a service offered to Payroll Partners clients, and provides access to exclusive, industry-leading HR tools and resources, for just a few dollars a month. From employee handbooks, job descriptions and other commonly used HR documents, to up-to-the-minute law alerts, easy-to-understand state and federal law libraries, and unique training videos, the HR Support Center will help you effectively manage your HR compliance and employee relations needs.
Legal Disclaimer: Payroll Partners and/or the HR Support Center are not engaged in the practice of law. The content in this email should not be construed as legal advice, and does not create an attorney-client relationship. If you have legal questions concerning your situation or the information you have obtained, you should consult with a licensed attorney. Payroll Partners and/or the HR Support Center cannot be held legally accountable for actions related to this article.