Legal Question in Employment Law in California

mandatory pay

I am a registered nurse. My company is mandating/requiring us to take several different classes/certifications. They are refusing to pay for the hours we are at the class. They do provide the class. These classes are 8 hours long and we have to do it on our time off. Is this legal for them to make a class/certification mandatory but not pay you to attend?


Asked on 4/13/00, 10:59 pm

2 Answers from Attorneys

Stuart Kaye Law Offices of Stuart M. Kaye

Re: mandatory pay

If your company requires you to be present at a class they provide, you are under their direction and control and entitled to compensation for your time.

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Answered on 4/24/00, 3:26 pm
Roger Renfro Renfro & Associates Law Corporation

Re: mandatory pay

This response assumes you work in California for a California employer. There may not be a "quick" answer to your question in California. For example, you do not indicate whether you are an exempt employee. If you are, generally your employer may require you to work "off hours" without the benefit of being compensated. To "compensate" for this extra burden, many employers provide "compensating time off" during slack periods in lieu of compensation. You should ask Human Resources about this possibility. Since you are also a health care worker, you may not be entitled to be compensated even though you are the other type of employee: a "nonexempt" employee (entitle to overtime premium payments). The California Industrial Wage Commission issues Wage Orders, some of which may directly apply to you and the situation described. You can inquire with the local Labor Commissioner to determine whether the wage orders are being properly implemented by your employer. Of course, you can always seek the advice of a local employment lawyer for specific answers to your questions.

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Answered on 4/24/00, 5:21 pm


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