With limited exceptions, such as for continuing education required to maintain a government or industry-mandated professional license, employee time for company-required training programs – seminars, courses, conventions, and other educational opportunities – is compensable, particularly those aimed at improving existing job performance.

On the other hand, career advancement training programs may be non-compensatory if they are completely voluntary, involve no production work, are attended outside regular working hours, and enable the employee to advance from a current position to another, usually higher position and skill.

Employers should include a handbook policy that correctly addresses all such training programs.

Policy Drafting Tips:

• Define and provide examples of employee training programs;

• Explain which are compensable and how the employee will be paid for time spent in such training, including travel to the training site;
• Limit unauthorized overtime for hourly workers while engaged in compensable training; and
• Explain which career advancement programs are not compensable and why.

Take-Away:

Implement and regularly review a comprehensive, clearly written handbook to include a proficiency and career training policy.

We publish this series to educate employers on best practices for a well-written handbook that assists applicants, employees, and management alike. To purchase our 2023 template handbook – which contains the above policy and much more – and accompanying forms or for more information, please contact Office Manager Aimee Rosales at 626.583.6600 or email her at officemgr@tbowleslaw.com.

See also:

• Disorder Insurance – Workplace Policy Handbook & Forms for 2023 (March 2, 2023)
• Handbook Helper Episode 24 Personnel Records Policy – Preservation Salvation (April 27, 2023)
• Booze School – California Alcohol Servers Must Be Trained by August 31, 2022 (August 5, 2022)
• Employee Training Programs – When Employers Must Compensate for Worker Education (March 29, 2011)

Cindy Bamforth
May 12, 2023