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Michigan laws regarding compensation for required meetings Michigan

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  • Michigan laws regarding compensation for required meetings Michigan

    Hello I currently work in a day care center in Michigan. I am a hourly employee required by the state to have a first aid class and CPR cetification as well as certain classes that must be taken to continue employment. My question is this... these classes and certification take place after work hours and our employer gives us no compensation for either our time or gas , mileage etc. I was under the impression that anything required by the state was to be compensated for. Am I mistaken? Any information you can give would be appreciated. Also, what are the requirements for umemployment? Say for example I usally work a 30-40 hour week but because of a slow down my employer can only give me 20 hours a week can I file unemployment for the additional hours? Thanks again for any info.

  • #2
    One of the payroll people will have to answer your first question. As to the second, you can always file, but whether or not unemployment will be granted is a little too situation specific to call. It never hurts to try; there's no penalty for being wrong and it costs nothing but a phone call.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      I have part of an answer. The general rule of thumb is that if the employer requires the training, then the training is time worked. The related federal regulations are 29 CFR 785.27-785.30 (see webpointer below).

      However, your comment about the training being required by the state gives me pause. I seem to remember that was an exception to the general rule, although I am not finding a formal reference to that. Perhaps someone else can give you a better answer.

      http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.27.htm
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        Hi, DAW, it's in The Payroll Source. Surprised? I know I addressed this on another thread (I think it was on this board-sigh), but I don't have time to look for it right now. But, as I recall, there was a determination that training/licensing required by the state/city/county in order to maintain the employee's job is not compensable unless it occurs on the regular work day or a certain school/training institution is required. If the employee can just go anywhere to get the training necessary for the certification, it wasn't "work" time.
        Last edited by Pattymd; 05-10-2007, 02:08 AM.
        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
          I should know better then to answer questions right before I go to bed.

          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 independant 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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