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Paid for re-training? Florida

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  • Paid for re-training? Florida

    All employees in certain departments at our company are required to take and pass certification classes (tips/responsible sale of alcohol). The class is a 5 hour long class with a test and a third party does the certification (upon passing the test). Employees are paid their hourly wage for taking the class. We had a handful of employees that did not pass the test. According to the certification, they can retake the test but they must sit through the class again. I know that for any mandatory training and classes we are required to pay employees, and I assume since we are mandating that they retake the test (or they cannot hold their current job) we have to pay them for the five hours to re-sit in the class. Im not sure if the fact that they messed up and didnt pass the test the first time would allow us to not pay them for the second class?

  • #2
    Who is requiring it, the employer or the state?
    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
      The employer. Our corporate risk manager/auditors said we had to do it.

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      • #4
        Then if they flunk it and have to retake it, you have to pay them again, because the employer says it's mandatory. The law doesn't differentiate between "retaking" a class due to flunking it the first time.

        How many times are you going to let them flunk it before they don't have a job any more?
        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
          Agreed. However, if proper advance warning was given (proper being whatever the state says it is), then MW could be paid for those hours.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            We are allowing them one retake.

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            • #7
              You can "allow" anything you want, but you legally must pay for hours worked in this situation. Your decision to "allow" something does not change the legal requirement. Now, if by "allow" you mean fire people who fail that test "x" times, that is legal.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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