March 2017
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California Employers Association - The California Employer's Report. The Information Newsletter for Today's Employer
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In This Issue:
•   A Message From Kim...
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•   Counsel's Corner: How to Comply With E-Verify Requirements
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•   Trainer's Tips: Ten Trillion Gallons of Rain
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•   Holiday Pay & Employee’s on a Leave of Absence
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•   Employee Entitled to Same Position Upon Return From FMLA?
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•   Name-Calling or Religious Harassment?
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•   Pay for Training Time Overview
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•   Requiring Medical Documentation From Employees
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•   Tips for Shortening Your Hiring Cycle
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Features

March Events


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Tools & Links
•   Employer Resources
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•   Forward to a friend
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•   Print this issue
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•   About Us
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•   CEA Staff
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•   CEA Partners
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Pay for Training Time Overview

Employees who spend time at lectures, work courses, employer sponsored training programs or employee meetings must count that time as hours worked for pay purposes unless:

  1. Time is outside of normal working hours;

  2. Course work is unrelated to the employee’s regular job (such as learning the requirement of a new or higher rated job);

  3. Attendance is strictly voluntary (except for continuing education training); and

  4. No production work is performed.

Attendance at employee meetings, employer-sponsored training programs, lectures, work courses, or meeting is not deemed voluntary if required by the employer or if the employee is led to believe that his/her non attendance would adversely affect his or her current working conditions or continued employment. Training is directly related to the employee’s job if it aids them in performing the present job more effectively, as distinguished from training for another labor skill. 

Training is not considered directly related to an employee’s job if the intention of such training is to prepare them for advancement to a higher skill. DLSE Enforcement policies and interpretations manual sec 46.6.4

Questions:

  1. A dental hygienist must take continuing education courses to keep her certification. Must the employer be required to pay for the cost of the course and/or pay the employee for the time they spend in the class? No. As long as the course is required to maintain her certification, this is non compensable time.

  2. A dentist takes his entire office to a dental convention in Las Vegas. Costs involved include: travel expenses, hotel expenses, meal expenses, the employees’ time. For which expenses is the dentist required to compensate his staff? If the trip is completely voluntary the dentist is not required to pay for any of the time. If the trip is mandatory, the dentist needs to pay for all expenses the employee incurs that he/she would not normally incur if they did not go on the trip. For example, meals do not have to paid because an employee would normally be responsible for their own meals. 
     
  3. An architect requires her entire staff to take a CE course—does she have to pay for this course and for the employees time spent in the course? Yes.

  4. Can a different rate of pay be given for training time vs. regular office/work time? Yes as long as it is complies with CA Labor Laws (min. wage or more), is established in advance and documented.    


—Mari Bradford
       HR Director, mbradford@employers.org

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 Newest Members

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Milestones
Celebrating your membership with CEA through the years!

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Tel-Us Call Center - 31 years
Gaylord Mfg. Co. - 26 years
Jess Smith & Sons Inc. - 25 years

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