Employers often require orientation, safety training, compliance modules and meetings, and employees ask whether that time is paid. Federal rules set out a four-part test, and most required training counts as working time. This guide explains the test, shows an overtime example and lists what to do if training went unpaid.
The federal test: four conditions, all of which must be true
Under the Department of Labor's regulation at 29 CFR 785.27, attendance at lectures, meetings, training programs and similar activities does not need to be counted as working time only if all four of the following conditions are met. If even one is missing, the time is hours worked, and it must be paid and counted toward overtime.
- Attendance is outside the employee's regular working hours.
- Attendance is in fact voluntary. The employee is not required to attend, and there is no penalty, express or implied, for not attending.
- The course, lecture or meeting is not directly related to the employee's job.
- The employee does not perform any productive work during the session.
In plain terms, training is unpaid only when it is optional, outside your normal hours, unrelated to your current job and free of real work. That is a narrow category. Most employer-run training, including onboarding, safety instruction, compliance modules and required staff meetings, is paid time.
What "directly related to the job" means
Under 29 CFR 785.29, training is directly related to an employee's job if it is designed to help the employee do the current job more effectively, as distinguished from training for another job or for a new or additional skill. For example, a software workshop for an employee who uses that software every day is related to the job. A course that prepares the same employee for a different career is not. The regulation also says that independent training the employee chooses to take at a school or college outside working hours is not working time, even if the employer pays for it, as long as the employee is not required to attend and does not do work for the employer.
Common training situations and whether they are paid under federal rules
| Situation | Paid? | Why |
|---|---|---|
| New-hire orientation after you are hired | Yes | Required and directly related to the job |
| Annual safety or harassment training you must complete | Yes | Required, even if online |
| Required staff meeting before the shift starts | Yes | Required attendance and related to the job |
| Optional lunch-and-learn during your normal shift | Yes | Occurs during regular working hours |
| Voluntary evening college class you choose, unrelated to your job, employer pays tuition | No | Independent, voluntary, outside hours and not job related |
| Employer-required certification or license renewal needed for your current job | Yes | Required and directly related |
| Online module you are told to finish at home | Yes | Required work; counts toward the 40 hours |
| Training that includes doing real work, such as shadowing while helping customers | Yes | Productive work is performed |
Required online training done at home
An increasingly common problem is required online modules that employees are expected to complete outside their shift. If the employer requires the module, it is working time, wherever it is done. The employer must record and pay it, and it counts toward overtime. Suppose an employee earning $20.00 an hour works 38 hours in a week and also completes 3 hours of required online compliance training on Saturday. The total is 41 hours. Pay is 40 × $20.00 = $800.00 plus 1 overtime hour at 1.5 × $20.00 = $30.00, for $830.00. If the 3 hours go unpaid, the employee is shorted $70.00: $40.00 of straight time for the 2 hours that fit under 40, plus $30.00 for the overtime hour. Check your own week with the Overtime Pay Calculator.
If your employer says the module "should" be done on your own time, ask how it tracks completion. An employer that requires completion by a deadline and counts on employees to meet it has effectively required the work. See what counts as hours worked for how the same logic applies to other off-the-clock tasks.
Meetings, conferences and "voluntary" events
The same four-part test applies to staff meetings, town halls, sales conferences and company events. A meeting that you must attend is working time. A session that is labeled optional but where everyone understands that skipping it will hurt your standing, your schedule or your review is not voluntary in the sense the regulation requires, because a penalty can be implied. A conference you attend as part of your job, with assigned duties such as staffing a booth, is work as well. A purely social event that is truly optional, with no work performed and nothing at stake, is generally not compensable. When in doubt, the question to ask is whether you would face any consequence for staying home. If you would, the time should be on the clock.
Pre-hire training and trainees
Training before you are hired is more complicated. People who are genuinely trainees, and not employees, may not be owed wages, but courts and the Department of Labor look at the facts, including who benefits from the arrangement, whether the training is similar to what a school provides, and whether the trainee displaces regular workers or does productive work. A "training period" in which you do the employer's regular work, serve customers or are counted toward staffing is often paid employment, regardless of the label. After you are hired, onboarding is paid. Ask in writing whether you are an employee during the training and what the pay is.
Travel to out-of-town training
If training requires overnight travel, travel time during your normal working hours is generally compensable, even on a day you would not normally work. For example, a flight from 9 a.m. to 1 p.m. on a Saturday that falls within your usual 9 to 5 hours is generally paid. Travel outside normal hours as a passenger is generally not. The details are in what counts as hours worked.
Training pay rates, repayment agreements and minimum wage
Employers may sometimes pay a different rate for training, but never less than the applicable minimum wage for each hour worked, and overtime must still be paid for hours over 40 in the workweek. Some employers require employees to repay training costs if they leave early. Such agreements are regulated, and under the FLSA, minimum wage and overtime must be paid free and clear; a repayment provision that reduces pay below the required amount can violate the law. State laws also restrict these arrangements, so read any agreement carefully before signing.
Steps if you were not paid for training
- List each session: date, start and end time, whether it was required, and whether it was during your shift. Use the Weekly Time Card Calculator to total the week.
- Check whether the four conditions in 29 CFR 785.27 were all met. If not, the time was working time.
- Compare your pay stub hours with your record; see how to read a pay stub.
- Ask payroll in writing to correct the pay, listing the dates and hours.
- If the problem continues, contact the Wage and Hour Division or your state labor agency. Under the FLSA, a claim generally must be filed within two years, or three if the violation was willful.
Also see security screening and gear time pay for other pre-shift activities, and unpaid lunch break rules for meal periods.
Frequently Asked Questions
Is mandatory training paid?
Yes, in nearly all cases. Training is unpaid only if it is voluntary, outside working hours, not directly related to your job and free of productive work. Anything else is paid and counts toward overtime.
When is training time unpaid?
Only when all four conditions in 29 CFR 785.27 are met: it is outside normal hours, truly voluntary, not directly related to your job and involves no productive work.
Do I get paid for online training at home?
If your employer requires it, yes. Required online modules are hours worked wherever they are completed.
Does training count toward overtime?
Yes. Paid training time is hours worked and counts toward the 40-hour weekly threshold.
Is orientation paid?
New-hire orientation after you are hired is generally paid because it is required and related to the job.
Can my employer pay less for training?
A lower training rate is possible, but it cannot be below the minimum wage for each hour worked, and overtime must still be paid.
Related tools & guides
This guide is for general informational purposes only and is not legal, tax, or financial advice. Labor laws vary by state and change over time. Confirm your specific situation with your employer, HR department, or the U.S. Department of Labor.