Legal Question in Employment Law in Maryland
unpaid training: illegal?
I'm a manager at a movie theatre where we have hired one new person and promoted one person from within to become projectionists, a highly skilled job. Both employees are required to train with current projectionists--sometimes for 20+ hours a week--before they can work full shifts and get paid the hourly wage. It doesn't seem right that they should get paid *nothing* if they're coming in. Is it our legal obligation to pay them?
We also never pay overtime wages for employees who work over 8hrs/day or 40hrs/week--is this illegal? I don't know whether labor laws are generally federal or state mandate.
thanks for your help on this topic.
1 Answer from Attorneys
Re: unpaid training: illegal?
Your question about unpaid training raises a true legal dilemma. It is legal for an employee to agree to work as a volunteer. The employer may, however, face a legal challenge if the employer fails to hire the employee after a "trial period."
Federal requirements on the payment of overtime wages may be reviewed at the Department of Labor website (www.dol.gov). Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. Maryland law follows federal law as to overtime rates and time requirements.
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