Our employees are required to attend sexual harassment prevention training. Do we need to pay for their time at training?
If an employer requires attendance at a training, then it generally must be paid. While this training may often be directed because of a state law, it is ultimately an employer-directed activity. Department of Labor guidance is that trainings and work events can only be non-work time (unpaid under the Fair Labor Standards Act) if all four of the following criteria are met: The training occurs outside of the employee's normal work hours;The training is completely voluntary (there will be no company-initiated consequences if the employee does not attend);The training is not specifically job-related (it may be tangentially related to their job, such as most continuing education