Must temp agencies pay hourly employees for mandatory training?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Must temp agencies pay hourly employees for mandatory training?
I work as a substitute teacher for a company in Philadelphia and New Jersey. My employer has told me that I
am not entitled to compensation for a mandatory, three-hour training. He says temp agencies do not need to pay hourly employees for mandatory training. I have this in writing. Is this true?
Asked on September 28, 2017 under Employment Labor Law, New Jersey
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
All work time is compensable. that means that any time an employer requires a worker to put in must be paid. Since what you have described was mandatory attendance, and not voluntray, then you need to be compensated. That having been said, while you could sue in small claims court, it may not be worth the time and expense.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
He is wrong: anything "mandatory"--that is, required by an employer--is work time and must be paid for by the employer (whether a temp agency or their client). If it's helpful but not mandatory, so that you could skip it, they would not have to pay; but if you are required to be there, then it is work, just like attending meetings or being at your desk or in your classroom is work. Therefore, you should be paid for it.
However, if they won't pay, there really is not good way to vindicate your rights: it's hard to imagine that a lawsuit--even a small claims case as your own attorney, or "pro se"--is worth it for 3 hours of pay.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.