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Trainee, Student & Apprentice
Whether trainee, students, or apprentices are employees
subject to the FLSA overtime provisions depends upon their job activities.
If you are a Trainee or Student you are not due overtime pay
if all of the following apply to
you:
- Training is similar to what you would be
taught at a vocational school
- Training is for the benefit of the trainee or
student
- Trainees or students do not replace regular
employees, but work under close supervision
- There is no benefit to the employer who gives
the training and sometimes the employer may even be at a loss
- The trainees or students are not getting a
job at the conclusion of the training period
- The employer and the trainees or students
understand that they are not entitled to wages for the time spent in training
If you are an “Apprentice,” then you
might not be due overtime pay or minimum wage law requirements. Some employees learn a trade through
on-the-job training and additional classroom training usually held outside of
working hours. Time spent in this type of training does not have to be paid if:
- The apprentice is employed under a written
apprenticeship agreement or program
which meets government standards, and
- The training time does not involve productive
work or performance of the apprentice’s regular duties
An informal agreement to treat the time spent in related
instruction as hours worked does not meet this requirement. The agreement that
the time spent is hours worked must be in writing. Check with an attorney if you are not sure if
your agreement meets the requirement or not.
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