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July 14, 2010
Compensating for Training or Medical Treatment

In a BLR webinar entitled "Off-the-Clock? How to Determine When Time Worked is Compensable Under Federal Law," Catherine Moreton Gray, Esq., an associate at Robinson and Cole LLP described the scenarios under which training or medical treatment may or may not be compensable.

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With respect to training:

  • If employees are required to attend training, lectures or meetings during normal work hours the time is work time.
  • Employees must be paid for after-hours training if attendance is mandatory and the training is directly related to the employee's job.
  • Time spent in training, or taking classes a trade school or college on the employee's own initiative, even if the classes are job-related, is not work time.

With respect to time spent for medical tests or treatment:

  • Prior to employment, time spent in pre-employment physicals or for drug testing is not compensable.
  • Time spent waiting for and receiving medical attention on the employer's premises or at the direction of the employer during normal work hours is compensable.

Catherine Moreton Gray, Esq. is an associate at Robinson and Cole LLP (www.rc.com). She has more than 20 years experience in human resources and employment law. Her practice is focused on advising employers on all aspects of the employment relationship, including representing employers in government audits, before administrative agencies and in federal and state courts.

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