Do I have to pay the employees to attend a CE Event? 

by Olivia Wann

Nothing can frustrate an employee more than asking them to attend a course on a usual day for them to work and not compensating them.

Is it required by law to pay employees for their time to attend a CE event? The short answer is it depends. 

The Fair Labor Standards Act’s (FLSA) requirement for employers to pay for nonexempt employees’ training time depends on the following criteria:

• The training must be voluntary.
• The training must take place outside of normal work hours.
• The training should not be directly related to the performance of the employee’s job.
• No work should be performed during the training.

All conditions must be satisfied in order for the training not to be considered compensable time.

If you require an employee to participate in a course, then obviously the employee is paid for the time spent.  This includes regulatory training such as HIPAA and OSHA regardless of the training time falls within the lunch period.

If, for example, a hygienist or assistant wants to go on a CE cruise and these courses are not required by the employer, then obviously the employee may not be compensated for time spent during the CE courses.

To avoid confusion, we suggest sending a memo in writing (or email) to the employee who is asked to attend a CE event and lay out whether the course is required or not and how compensation is addressed.

We also suggest clarifying how business travel is compensated.  The standard mileage rate according to the IRS is 70 cents per mile.  Indicate if there are caps on meal expenses.

Time spent travelling may also be compensable.  According to the U.S. Department of Labor, time spent traveling during normal business hours is considered compensable work time. 

Continuing education is a critical component of not only keeping licenses current but also in keeping our skill set sharp.  Keeping valued team members engaged is critical to maintain top notch employees.