This bill amends the Fair Labor Standards Act to specify that time spent in voluntary education or training programs outside of regular working hours is not considered "hours worked" for wage and overtime calculation.
Ashley Hinson
Representative
IA-2
The "Flexibility for Workers Education Act" amends the Fair Labor Standards Act, clarifying that attendance at voluntary education and training programs outside of regular work hours is not considered "hours worked" for wage and overtime purposes. This exclusion applies regardless of employer involvement, provided attendance is voluntary, doesn't affect job conditions, and no productive work is performed. This change impacts hours worked on or after the Act's enactment date.
FLSA Update Proposed: When Voluntary, Off-Hours Training Doesn't Count as Paid Work
This bill, the "Flexibility for Workers Education Act," proposes a specific change to the Fair Labor Standards Act (FLSA) – the federal law governing minimum wage and overtime. It aims to amend Section 3(o) to clarify when time spent by employees in educational or training programs doesn't need to be counted as paid work hours.
The Fine Print on 'Free' Training
So, what's the deal? Under this proposal, attending lectures, training sessions, or similar educational activities outside of your regular work schedule wouldn't count towards your paid hours if three specific conditions are met:
- It's outside regular working hours: The training happens on your own time.
- It's voluntary: Your attendance isn't required, and choosing not to go won't negatively impact your job security or work conditions.
- No productive work is performed: You're there to learn, not to actively do tasks that contribute to the employer's operations during the session.
This matters because current FLSA rules often require payment for training that benefits the employer or is related to the employee's job, even if labeled 'voluntary'. This bill seeks to create a clearer carve-out. For example, imagine your employer offers an optional workshop on advanced spreadsheet skills on a Saturday morning. If you choose to go and you aren't simultaneously working on company reports during the session, this bill suggests that time likely wouldn't be compensable under the FLSA.
More Skills or More Unpaid Hours?
The potential upside? This could encourage employers, from small businesses to large corporations, to offer more training and development opportunities without the direct cost of paying wages for that time. Employees might gain valuable skills they otherwise wouldn't access.
However, the practical application hinges heavily on those conditions, particularly 'voluntary' and 'no productive work'. The concern is whether 'voluntary' attendance might feel implicitly required in some workplaces. What happens if everyone else on your team attends the 'optional' session? More critically, where's the line between training and 'productive work'? If a session involves brainstorming solutions for a current company project or configuring software for specific team use, does that cross the line? The bill doesn't define 'productive work' in this context, leaving room for interpretation and potential disputes over whether certain 'training' activities should actually be paid time, especially concerning overtime calculations.