Working Off the clock

[Duluthian]

What is the name of your state (only U.S. law)? Minnesota.

I work at a new restaurant that just opened up in Minnesota. At our last meeting, they informed all of the front of house staff we would be required to read a book on being a server. We are to do this on our own time off the clock.

Can they legally force us to read this on our own time?

Should we be paid for this time?

If this is illegal, who do I contact about this issue?

Thanks in advance. I tried researching this topic myself but came up dry.

 

[NIV]

Seriously?
Read the book.

I don't think Duluthian is really fighting reading the book. The question is if this administrative task requires compensation. The rules to exempt it require:
1. The employee's attendance is truly voluntary;
2. The employee's attendance is outside his or her regular working hours;
3. The training is not directly related to the employee 's current job; and
4. The employee performs no productive work during attendance.

#1 fails on our facts. #2 and #4 are true on our facts. #3 is unclear based upon what was written. Since all 4 are required for an FLSA exemption to training time being compensible for work, the mandatory nature of the task alone should require compensation.

If Duluthian required basic skills and the training was to provide fundamental educational background some employees need to succeed in the job market and all the criteria in the regulations were met, the employer would be able to pay at an ordinary rate for 10 hours if it would otherwise be overtime.

 

[Zigner]

Are you actually suggesting that an employer is liable for the cost of the employee's education?

 

[NIV]

Are you actually suggesting that an employer is liable for the cost of the employee's education?

I think DOL regulations are suggesting the employer is liable unless all four criteria are met.

 

[cbg]

How long is the book? (That's a serious question)

 

[NIV]

How long is the book? (That's a serious question)

Would the length of the book be important or the length of time it would take Duluthian to read it?

 

[cbg]

Both. If it's an 8-page brochure that he can look through in a few minutes, it's unlikely that the DOL will require that he be paid for what they would likely classify as de minimus time. If it's a 300 page book that will take him several days to read, that's a different kettle of fish.