Candidate Work Training

• An employer may require a candidate for employment to attend workplace training sessions on his own time, without compensation. This is legal, as the employer has not extended a formal offer of employment to the candidate. Employment with the company is usually contingent on the candidate successfully completing the training period and passing a certification exam. The candidate must be aware that successful completion of the training period is mandatory for an offer of employment with the company, and that he will receive no compensation for the training. An employer may also farm the training out to a private company that charges the candidate for professional training services. This allows a company to avoid any potential legal issues surrounding unpaid training, since the candidate is paying for a service and a separate company is conducting the required training sessions.
  
  

Training on the Job

• If an employer requires an employee to be at a certain place during a certain time for a work-related activity, the employee must receive pay at his normal hourly rate. This also applies to mandatory training exercises under the Fair Labor Standards Act. All labor laws in place for the particular state apply to this training period, including any applicable rest period and break time regulations. An employee who does not receive proper pay for training hours has the right to file a wage claim with his state department of labor.
  
  

Employers and Federal Law

• If a business brings in $500,000 or more annually, it is subject to the regulations in the Fair Labor Standards Act regarding mandatory payment for training. This also means that a company bringing in less than this amount does not have to pay an employee for training conducted on the employee's own time. The state the employer operates in may also have revenue restrictions for labor laws, so it's important to check state labor regulations to ensure a violation isn't occurring. For example, California law requires an employer to pay a worker for training that is specific to work. If these hours push the worker into overtime pay, the employer must pay overtime wages for training hours.
  
  

Trial Employment Periods

• It is legal under the Fair Labor Standards Act for an employer to hire a job candidate for a trial or probationary period. State law usually caps this trial employment period at 90 days. An employer may pay an employee going through a trial employment period a lower wage than is commonly accepted under the FLSA, but must still pay the employee for all hours worked and all training hours. If the employee does not meet employer training requirements during the probationary period, the employer may terminate the employee.