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non payed mandatory training

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J

Jan

Guest
Live in Michigan:
Our employeer has mandated all employees, to attend mandatory training
sessions. Which itself should be a good situation. But the procedure established
is that we attend training on our own time( not payed) and that we travel quite
far to the training destination. Is there any labor law in MIchigan in regards
to this? :-(
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Jan:
Live in Michigan:
Our employeer has mandated all employees, to attend mandatory training
sessions. Which itself should be a good situation. But the procedure established
is that we attend training on our own time( not payed) and that we travel quite
far to the training destination. Is there any labor law in MIchigan in regards
to this? :-(
<HR></BLOCKQUOTE>


My response:

Thank you for posting your State. I could not locate any Statute "on point"; however, I believe the following Michigan Labor Codes to be applicable and, with some follow-up with your State's Labor Commission, could in fact, either find a more "exacting" statute, or at least make a strong argument using the following statutes.

Now, from the way I understand you, and the following law, your employer expects you to take your own time for training; or put another way, expects you to make a "gift" of your time to the company, presumably for the betterment of the company.

Michigan Labor Code section 408.478
Fee, gift, tip, gratuity, or other remuneration or consideration, or contribution to charitable, social, or beneficial purpose, as condition of employment or continuation of employment. [M.S.A. 17.277(8) ]

Sec. 8. (1) An employer, agent or representative of an employer, or other person having authority from the employer to hire, employ, or direct the services of other persons in the employment of the employer shall not demand or receive, directly or indirectly from an employee, a fee, gift, tip, gratuity, or other remuneration or consideration, as a condition of employment or continuation of employment.

408.485 Failure to pay wages and fringe benefits as misdemeanor; penalty. [M.S.A. 17.277(15) ]

Sec. 15. An employer who, with intent to defraud, fails to make payment of the wages and fringe benefits due an employee as provided in this act, is guilty of a misdemeanor, punishable by a fine of not more than $1,000.00, or imprisonment for not more than 1 year, or both.

Good luck to you, and please let us know what you have found with your Labor Commission, or a labor attorney in your area.

IAAL



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L

lawguy

Guest
nice try, IAAL, but you've missed it again (there's no "gift" to the employer, merely an expense to the employee...)

Under applicable federal law, employers must pay for all training time. see 29 CFR 785.27 to 785.30. Basically, training time must be paid unless the following applies:

"Sec. 785.27

Attendance at lectures, meetings, training programs and similar
activities need not be counted as working time if the following four
criteria are met:
(a) Attendance is outside of the employee's regular working hours;
(b) Attendance is in fact voluntary;
(c) The course, lecture, or meeting is not directly related to the
employee's job; and
(d) The employee does not perform any productive work during such
attendance."

Since your attendance is not voluntary and it's probably related to your work, the time must be paid for. Contact your state labor agency or the federal Department of Labor to file a claim or make a complaint. the only address for MI I have is:

Michigan Department of Consumer & Industry Services
Michigan Wage and Hour
7150 Harris Drive
Lansing, MI 48917
Tel: (517) 322-1825

good luck.
 
J

Jan

Guest
Sincerely appreciate info from both of you.
Both answers are valid information.
 

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