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not being paid for a class? Illinois

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  • not being paid for a class? Illinois

    im going to recertify for my sanitaion but my boss just informed me today just today that he will not be paying for going to my class he said he sent out papers that stated that he will no longer be paying for the class? but if it wasnt for my job i wouldnt be going to the class? he payed me for my last class and then payed my other manager for her class about 6 months ago? i was just curious to know if that is legal to do?

  • #2
    Your post is nearly incomprehensible, but let me see if I can clarify.

    First of all, "sanitation"? Do you mean certification, as in a certificate or license?

    If so, does your employer require this certificate in order for you to keep your job?

    Does the state require some type of license or certificate in order to do what you do?

    Are you attending this class because the employer has made it mandatory?

    And what exactly do you do in your job? Not your job title, but your primary job duties?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      yes im takin the class for my job!! yes my boss does require us to have the sanitaton license to be a manager! i deal with food so in the state it is required for one person in the store to have a sanitation license so i am going to re certify because mine expires this year! so thats why im so confused because seeing how i am taking the class to basicly stay a manager then i thought that i should b paid for attending the class?

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      • #4
        OK, wait a minute, you're a manager? Are you paid on an hourly basis or a salaried basis? This is critical to your question.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          im paid hourly

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          • #6
            OK, if the employer is requiring that you take the class you must be paid for the time.
            http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.27.htm

            Note that if you would receive a demotion (which it sounds like you would) if you don't get this license, that is considered the same as "mandatory" attendance.
            http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.28.htm
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              While Patty is correctly citing the major rules, there is a possible exception.

              From the Payroll Source book:

              "Employees did not have to be paid for time spent in classroom training and testing to obtain licenses required by the state and to meeting continuing educational requirements. Even though the training was clearly related to the employee's job, the regulations allow such training to be uncompensated since it was provided by an independent institution ... The training was also voluntary because the state imposed the licensing requirement, not the employer. [Federal DOL opinion letter 9-15-97]".
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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              • #8
                If I may try to contribute, I think what the OP is asking is for the cost of the class to be paid for, not necessarily the hourly wage during this class.

                I just re-read the posts and as difficult as they are to read there is ultimately two questions, the first post asks about paying for the class, the second asks about being paid for time in the class.
                Last edited by CatBert; 03-03-2010, 06:49 PM. Reason: My head is spinning!
                Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

                I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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                • #9
                  Here is a link that the OP might find interesting

                  http://www.dol.gov/whd/regs/compliance/whdfs22.pdf
                  Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

                  I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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                  • #10
                    yes i was wanting to know about being paid for my time being in the class? my boss is going to pay for the class itself... but my thing is that he should be paying me for the class because if it werent for my job i wouldnt be taking the class? i need the sanitation license to keep my mang position so thats why i was wondering if he had to pay me for the class he paid both the other mang for their time in the class but now all the sudden he changed the "policy"? and this is just after he tried to not pay me for my OT and i kept on him to pay me and now he is upset with me!!!!!

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                    • #11
                      Re being paid for your time in class - maybe. It would seem so per Patty's & CatBert's links. However, there is a possible exception as per DAW's post.
                      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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