New York Unpaid Training Lawyers

Were You Trained Without Getting Paid? Call Filippatos PLLC Today

Navigating the complexities of unpaid training can be challenging, especially in a bustling city like New York. As businesses and organizations evolve, they often require new employees to undergo training before they start their roles.

Understanding your rights during this training period is crucial. At our law firm, our wage theft lawyers specialize in helping employees address issues related to unpaid training and ensuring that your rights are protected under New York law.

Here’s what you need to know about unpaid training, including the legality of unpaid orientation and what compensation you might be entitled to.

What is Unpaid Training Law?

Unpaid training law refers to regulations governing whether employers are required to compensate employees for time spent in job training.

In many cases, training is a crucial part of the onboarding process, but whether it should be paid depends on various factors, including state and federal laws, the nature of the training, and the employee’s job status.

Is Unpaid Training Legal?

Under the Fair Labor Standards Act (FLSA), employers are generally required to pay employees for all hours worked. This includes any time spent in training if the training meets certain criteria:

• Training is Required: The training must be required by the employer and directly related to the employee’s job duties
• Training Benefits the Employer: If the training primarily benefits the employer and is necessary for the employee to perform their job, it should be compensated.
• Training is During Work Hours: If training occurs during the employee’s regular working hours, they should be paid.

Specifics of Unpaid Training Regulations in NY

In New York, the law generally follows the federal standards set by the FLSA, but there are additional state-specific regulations to consider.

For example, unpaid training may be permissible if the training is voluntary, not related to the job, or occurs outside regular working hours. However, if the training is integral to the job or replaces regular work hours, employees should be compensated.

Is Unpaid Orientation Legal?

Orientation is often the first step in an employee’s journey with a company, and whether it should be paid depends on several factors:

• Mandatory Orientation: If orientation is a mandatory part of the job and is conducted during normal working hours, employees are typically entitled to pay.
• Voluntary Orientation: If orientation is voluntary and not required for the employee to perform their job, it may not need to be paid.

It’s essential to clarify with your employer whether orientation is considered part of your job duties and, therefore, eligible for compensation.

Do Hourly Employees Get Paid for Training?

Hourly employees are entitled to pay for all hours worked, including time spent in training, under most circumstances.

The key considerations include:

• Training Time is Work Time: If training occurs during regular working hours or replaces regular job duties, it should be compensated.
• Training Benefits the Employer: If the training directly benefits the employer by preparing the employee to perform their job, it is generally considered compensable.

In cases where employees are not paid for mandatory training or orientation, it may be a violation of wage and hour laws.

Laws on Paying Employees for Training

Both federal and state laws govern whether employees must be paid for training.

Key regulations include:

• Fair Labor Standards Act (FLSA): This federal law requires payment for training time if the training is related to the job and conducted during normal working hours.
• New York State Labor Law: New York law aligns closely with federal standards but may offer additional protections. It’s important to review both federal and state regulations to ensure compliance.

Are There Any Exceptions and Special Cases to These Laws?

There are exceptions to these general rules, such as:

• Voluntary Training: Training that is voluntary and unrelated to job duties may not require compensation.
• Internships: Some unpaid internships are legal if they meet specific criteria, such as providing educational benefits to the intern and not replacing regular employees.

Compensation for Training New Employees

If you believe you should have been paid for training or orientation, you may be entitled to compensation.

This can include:

• Back Pay: Compensation for all hours spent in training that were not previously paid.
• Legal Remedies: If your employer fails to pay for training, you may be entitled to recover unpaid wages through legal channels.

How an Employee Rights Attorney Can Help

An employee rights attorney specializes in helping workers navigate complex legal issues related to unpaid training and other employment matters.

They can:

• Evaluate Your Claim: Assess whether your unpaid training or orientation qualifies for compensation based on current laws.
• Negotiate with Employers: Work with your employer to secure fair compensation for unpaid training hours.
• Represent You in Legal Actions: If necessary, represent you in legal proceedings to recover unpaid wages.

Is Paid Training Mandatory?

While federal and state laws generally require payment for job-related training, there are exceptions.

Paid training is mandatory when:

• Training is Required for the Job: Training that is essential for performing job duties and occurs during work hours should be paid.
• Training Replaces Regular Work Hours: If training takes the place of regular work, it must be compensated.

Clarifying Training Policies

It’s important to review your employer’s policies on training and orientation. Ensure that you understand your rights and seek clarification if you believe there’s a discrepancy between the policy and legal requirements.

Know Your Rights for Compensation — Call Filippatos PLLC

Navigating the complexities of unpaid training as a gig worker or hourly employee can be challenging. Understanding your rights under the unpaid training law and knowing when compensation is required can help you advocate for fair treatment.

If you believe you’re not being compensated appropriately for training or orientation, consulting with an experienced employee rights attorney can provide clarity and support.

Filippatos PLLC is dedicated to helping employees secure the compensation they deserve and ensuring that workplace practices comply with legal standards.

Please call 888-9-JOBLAW, fill out our online form, or schedule a free Zoom consultation so we may discuss the details of your case.

We are committed to finding a compassionate, innovative, and successful solution that is right for you.