Many Indiana workers attend training sessions, orientations or workshops without receiving pay. Some employers treat this time as unpaid because they consider it optional or outside the scope of the job. But federal law sets clear rules about when training time counts as hours worked, and failing to pay for it can amount to wage theft.
The four-part test for unpaid training
The Fair Labor Standards Act (FLSA) treats training time as compensable unless the employer can show that all four of these conditions apply:
- The session falls entirely outside the hours the employee normally works
- The employee faces no negative consequences for choosing not to attend
- The subject matter does not connect to the employee’s current role or duties
- The employee does not do any work that benefits the employer during the session
If even one of these conditions is not met, the employer must pay the employee for that time. The training hours must also count toward the 40-hour weekly threshold for overtime pay.
When “voluntary” training is not really voluntary
The word “voluntary” does more legal work than most employees realize. If an employer hints that skipping a training could lead to a poor review, a schedule change or any other negative outcome, the training is not voluntary under the FLSA.
The same is true if the employer requires certain certifications to keep the job and then offers unpaid sessions to earn those certifications. Framing something as optional does not make it so if the employee has no real choice.
Common situations where training should be paid
Several workplace scenarios regularly lead to unpaid training disputes. These include:
- New hire orientations that cover company rules, safety procedures and job-specific tasks
- Required safety or compliance sessions held before or after a shift
- On-the-job training where an employee shadows a coworker while learning the role
- Mandatory online courses completed at home on the employee’s own time
Each of these situations involves training that is either required, directly job-related or completed during work hours. Under the FLSA, the employer should be paying for that time.
How unpaid training affects an employee’s total pay
Unpaid training does not just mean lost wages for those specific hours. When an employer leaves training time off the clock, it can push an employee’s actual hours past 40 for the week without triggering overtime. That means the employee loses both the base pay for the training and the overtime premium they should have earned. Over weeks and months, the total can add up to a significant amount of unpaid compensation.
Why keeping records matters
Employees who suspect they are not being paid for required training should start tracking their hours independently. Writing down the date, start and end time and the name of each training session creates a record that can support a claim later. Pay stubs and any written communication about the training, such as emails or memos, are also worth saving. The stronger the paper trail, the easier it is to show what happened.
