An employer that
distributes English language lesson materials to non-English-speaking staff
isn’t required to compensate those workers for time they spend outside work
hours voluntarily studying the materials, according to a new Department of
Labor opinion letter. A restaurant that employs workers who speak little or no
English requested this opinion. The employer developed a language skills
training program for teaching basic English words and phrases to employees.
This was because, although the restaurant’s jobs don’t require English
proficiency, the ability to speak some English would likely provide the workers
with greater job opportunities and enhance their job satisfaction and morale.
Employees cannot leave the premises with the training materials, but can study them
during work hours and are properly compensated for that time. But some
employees asked if they could bring the materials home for further study.
The DOL concluded that
this voluntary study time did not have to be counted as hours worked under the Fair
Labor Standards Act (FLSA). That’s because an FLSA regulation provides that
attendance at lectures, meetings, training programs, and similar activities
isn’t considered working time as long as attendance is voluntary and outside
the employee’s normal work hours, the course isn’t directly related to the
employee’s job, and the employee doesn’t perform productive work during such
attendance. The opinion letter (FLSA2006-5) is available online at www.dol.gov/esa/whd/opinion/opinion.htm.
The HR Management & Compliance Report: How To Comply with California Wage & Hour Law, explains everything you need to know to stay in compliance with the state’s complex and ever-changing rules, laws, and regulations in this area. Coverage on bonuses, meal and rest breaks, overtime, alternative workweeks, final paychecks, and more.