Company not paying for mandatory inservices

[erinp88]

Hi! I work for a large long-term care corporation as a charge nurse. They recently moved all of their inservice training from classroom based to computers. I think it's a great idea! However, they expect us to take time from our shifts on the unit to complete the required modules. I barely have enough time to take breaks, let alone spend 30 minutes to 1 hour doing the necessary requirements for these inservices. They are encouraging staff to complete them at home - without pay. They are not approving any time for employees to come in on days off or make other arrangements for the completion of the modules.

Is anyone aware of any labor laws of some sort that make this illegal? I'm trying not to be p*ssy about this, but I give them enough of my free time by frequently not taking breaks. (We get in trouble if we file a time exception slip.)

[Spring_Peeper]

I understand how it could be illegal to not pay an employee for a mandatory inservice. However, at my facility it turns into a patient safety issue to have staff called off the floor while on duty, for a "half hour" mandatory inservice (especially when in reality it turns into 45 minutes off the floor). Staff are told to "bring their lunch," the expectation being to get the inservice done during your "break" which then isn't really a break, so how is THAT legal? I understand administrators need to meet their goals, but there must be a better way.

[HouTx, BSN, MSN, EdD]

Despite the fact that this thread originated a couple years ago, it seems to be a continuing problem - so everyone should definitely be clear about their rights.

There are Federal wage and hour laws - in the Fair Labor Standards Act (FLSA) that cannot be over-ridden by any state or local legislation. Employers MUST pay for any training that is required for the job. How do determine if it is mandatory? If you don't complete the training, will it have any effect on your job? If it will, then it is mandatory. This does not include training that is required for a promotion or to move into another job. Here is a quick and simple manager's guide produced by the US Federal government http://www.ntc.blm.gov/krc/uploads/391/FLSA%20Manager%20Guide.pdf

As an educator and e-learning developer, I have first-hand experience with the "put it online to save money" training phenomenon. This is a fallacy. Managers must still ensure that staff have sufficient 'on the clock' time scheduled to complete training - no matter how it is delivered... putting it on a computer makes no difference at all. There is another popular fallacy... that training hours somehow magically is exempt from overtime. This is not true either, since mandatory training is no different from other types of 'work' time, it must be paid at overtime rates if overtime is required to complete the training.

If your manager is not complying with Federal law, your first step should be your organization's HR department. One of their most important responsibilities is to ensure compliance with FLSA regulations. If they cannot/will not help you, please use your own chain of command before resorting to your state labor offices. U.S. Department of Labor-Wage and Hour Division (WHD)-State Labor Offices But remember, if you have no other recourse than notifying them, you are protected from retaliation for reporting - as long as it is a valid complaint made in 'good faith'

[scwolf]

Again, it has been years since the last post and this is STILL happening!

I am a new grad RN at a hospital. My manager assigned me the usual list of 20-30 online trainings that a new RN must complete. I told him that I hardly have time to take lunch each shift and asked when I should do these trainings. He informed me that "There is no paid time allotted for these." Basically, I FIND time during my shift or I do them at home without pay. He's a good guy. This is just the current culture. As a new nurse, I don't want to be labeled a "whiner." Clearly everyone before me has just sucked it up and put in the unpaid overtime. I really don't think I'm the only new RN who is not efficient enough to fit these 30-45-minute modules into my work day.

So thanks, HouTx, I plan to work -- as tactfully as possible -- to get this changed on my unit.