Crone & Mason, PLC is a pioneering law firm in the area of employee's rights, representing clients nationally in a wide range of employment related class actions and individual lawsuits, many of which with national importance, including overtime, wage and hour, personal injury, employment discrimination, financial fraud, minimum wage, and Fair Labor Standards Act -- FLSA.

The Fair Labor Standards Act FLSA is the federal overtime law setting wage and hour pay.  Crone & Mason, PLC’s overtime attorneys and lawyers wrote the following web sites seeking to educate clients and readers about mandatory overtime pay law:,, and


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:

  1. Training is similar to what you would be taught at a vocational school
  2. Training is for the benefit of the trainee or student
  3. Trainees or students do not replace regular employees, but work under close supervision
  4. There is no benefit to the employer who gives the training and sometimes the employer may even be at a loss
  5. The trainees or students are not getting a job at the conclusion of the training period
  6. 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:

  1. The apprentice is employed under a written apprenticeship agreement or program which meets government standards, and
  2. 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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