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Comp time taken for training instead of salary Texas

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  • Comp time taken for training instead of salary Texas

    My husband works for the county jail in dalhart texas. recently, he was told that he needed to go to training for two weeks so he could keep his job. The co. provides his vehicle and a lunch each day. However, i just found out that he had to use his comp time to "Pay" for his salary during this training. Is that legal? He receives pay once a month in salary, not hourly wages. He works full time 40 hour week, give or take clock in and clock out time.
    I thought that employees are supposed to be paid for trainings.

  • #2
    The only possible exception that I am aware of is shown below. Past that, I have always worked private sector and there is at least the possibity of some strange public sector exception that I am unfamilar with. It is not unheard of for the government to except themselves from the rules they impose on others.

    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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    • #3
      I have worked in the public sector (shoot me if I ever do that again ) and that exception very well might apply. Depends on the type of training involved, what his job is, and who is actually requiring the training.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Now, Patty...

        Originally posted by Pattymd View Post
        I have worked in the public sector (shoot me if I ever do that again ) and that exception very well might apply. Depends on the type of training involved, what his job is, and who is actually requiring the training.
        As my fishing partner is fond of saying, "In times of economic uncertainty and social unrest, there is nothing quite like a good government job to see you through." The operative word may be good. I try to thank my boss regularly for my job, the health insurance, and his management style.

        To get back on point, the Texas Payday Law exempts public employees, and it's almost certain that Mr. Phillips is one. However, as you pointed out, it's FLSA that determines the requirement for compensation for time spent in training. If the training is for TCLEOSE or similar certification, or required to keep his job, it may not be compensable time.

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