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Georgia Will not pay for work related training

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  • Georgia Will not pay for work related training

    I just recieved my quarter review where I was penalized for not completed work related training. My manager stated I would not received a bonus since I did not achieve training goals. I spoke with my manager about this who acknowledged my busy work schedule does not allow time for training and taking certification exams during normal work hours that I just needed to do it on my own time. I am a hourly employee. I service computer equipment and the training and exams are so my employer can collect warranty reinbursement revenue from the equipment manufacturers. I see the training strictly business related and should be considered hours worked. My manager said training for exams and the time taking exams is not considered hours worked and at his discretion if he wants to allow pay for the time. He also stated my job security is based on me completing schedule certifications. There are some people he never questions when they file overtime to complete their training requirements. It all depends which "click" you are in. Is this something I can take to the EEOC.

  • #2
    The "law" on this issue are the following two federal DOL regulations.

    29 CFR 785.27 - General.
    Attendance at lectures, meetings, training programs and similar activities need not be counted as working time if the following four criteria are met:
    (a) Attendance is outside of the employee's regular working hours;
    (b) Attendance is in fact voluntary;
    (c) The course, lecture, or meeting is not directly related to the employee's job; and
    (d) The employee does not perform any productive work during such attendance.

    29 CFR 785.28 - Involuntary attendance.
    Attendance is not voluntary, of course, if it is required by the employer. It is not voluntary in fact if the employee is given to understand or led to believe that his present working conditions or the continuance of his employment would be adversely affected by nonattendance.


    EEOC would imply that you think that a Title VII violation has occured and that you are being descriminated against because of your race, sex, national origin or other legally protected characteristic. All discrimination is not illegal. A violation only occurs because the discrimination occurs because of a legally protected characteristic.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      Assuming your employer is subject to the Fair Labor Standards Act, the regulations are as DAW cited and you can either file a claim with the federal Dept. of Labor (Georgia has very few wage and hour or wage payment laws) or file a civil suit in the Georgia courts.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


      • #4
        Thanks for the info

        I have another conference call with my manager. I have emailed a copy of a DOL factsheet about training as it relates to hours worked. I will have to wait and see what the response is.


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