shermanator 4 #1 April 22, 2009 My work is requiring me to take HAZWOPER 40 hour training. they signed me up for the class, picked the 'school' and set everything up. They paid for it. I was originally told that it would be paid time, They just called me and told me that though they I have to do the 40 hours on my own time, that they paid for the 'schooling' and that is that. I'm thinking about telling them, to screw off, and that I will not be doing the 40 hour training. Anyone know the california labor laws regarding this type of thing?CLICK HERE! new blog posted 9/21/08 CSA #720 Quote Share this post Link to post Share on other sites
airtwardo 7 #2 April 22, 2009 QuoteMy work is requiring me to take HAZWOPER 40 hour training. they signed me up for the class, picked the 'school' and set everything up. They paid for it. I was originally told that it would be paid time, They just called me and told me that though they I have to do the 40 hours on my own time, that they paid for the 'schooling' and that is that. I'm thinking about telling them, to screw off, and that I will not be doing the 40 hour training. Anyone know the California labor laws regarding this type of thing? I had the EXACT same thing happen to me. They scheduled it for afternoons and I was on 2ND shift...told me I would be 'on the clock' while at school. Then switched me to 'days' for the duration of the training and said I would be going on 'my time'. To be honest I didn't fight it at all, I did however request and receive a considerable raise the following review as I now held all the Ca. Certs. regarding hazmat / emergency response. and BTW, keep those quals in date, LOTS of companies need people with that paper for insurance reasons...the 40hr. investment paid off many times over in my case. ~ If you choke a Smurf, what color does it turn? ~ Quote Share this post Link to post Share on other sites
NWFlyer 2 #3 April 23, 2009 Quote'm thinking about telling them, to screw off How badly do you need the paycheck? How easily can you find another job in this economy? Even if you do the research and find out that labor laws might work in your favor ... you may now be labeled as a troublemaker ... and strangely, the people who hold those jobs are often the first to find their jobs "eliminated" when layoffs come around. I'd say suck it up."There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." -P.J. O'Rourke Quote Share this post Link to post Share on other sites
Gawain 0 #4 April 23, 2009 I know that California is an "At Will" state. I don't know whereabouts you work there, but unemployment rates in many counties have topped 10%+... Look up the company's policy (if it's big enough to have policies on company directed training, etc). Other than that, weigh your options. It's an employer's market out there... So I try and I scream and I beg and I sigh Just to prove I'm alive, and it's alright 'Cause tonight there's a way I'll make light of my treacherous life Make light! Quote Share this post Link to post Share on other sites
lawrocket 3 #5 April 23, 2009 I believe that they are required to pay you. This is not just for you - it is a skill that they are requiring. It is part of your job to get this, right? The bitch is your options. The best place to start is by calling the labot commissioner. If they terminate you then the termination can be wrongful. California is "at will.". A person can be released for no reason. But you cannot be legally terminated for a reason like wanting to get paid for company work. My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
Rookie120 0 #6 April 23, 2009 QuoteI'd say suck it up. Being told to work on your own time without pay and you say SUCK IT UP? Why would you be willing to work for free?If you find yourself in a fair fight, your tactics suck! Quote Share this post Link to post Share on other sites
Andy9o8 2 #7 April 23, 2009 QuoteQuoteI'd say suck it up. Being told to work on your own time without pay and you say SUCK IT UP? Why would you be willing to work for free? In order to be able to work for pay (is what she's saying). She's not saying it's fair; she's saying that as far as options go, all of which are bad, it just might be the least of the bad. Quote Share this post Link to post Share on other sites
shermanator 4 #8 April 23, 2009 QuoteQuoteQuoteI'd say suck it up. Being told to work on your own time without pay and you say SUCK IT UP? Why would you be willing to work for free? In order to be able to work for pay (is what she's saying). She's not saying it's fair; she's saying that as far as options go, all of which are bad, it just might be the least of the bad. And that is what really sucks about this. Holly was recently laid off, so I am the only income *unemployment for her was denied due to differences in social security number and name.. they are confused because she is married now. *sigh* I think I am just going to have to suck it up, and try to figure out how to get paid the hours, without being paid the hours.CLICK HERE! new blog posted 9/21/08 CSA #720 Quote Share this post Link to post Share on other sites
ltdiver 3 #9 April 23, 2009 QuoteI believe that they are required to pay you. This is not just for you - it is a skill that they are requiring. It is part of your job to get this, right? Can he take the lost wages as a deductible with next year's taxes? My understanding is that anything required for your job, that costs you $$, can be written off. ltdiver Don't tell me the sky's the limit when there are footprints on the moon Quote Share this post Link to post Share on other sites
lawrocket 3 #10 April 23, 2009 Tax law aint my thing. Totally not my thing. Sherm - please call the labor commissioner. I will do some more looking into it tomorrow at work. I'm fairly certain of my answer but I want to confirm it. My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
JSE 1 #11 April 23, 2009 Take a look at 29 CFR § 785.27 (you can google it) The DLSE (California agency that enforces labor laws) follows federal law on this. The key word here is voluntary. Attendance is not voluntary if the employee is led to believe that present working conditions or the continuation of employment would be adversely affected by nonattendance. Also, the employer must pay overtime for time worked in excess of 8 hours a day or 40 hours a week. That may include mandatory training. *this should not be construed as legal advice or the formation of an attorney-client relationship* Quote Share this post Link to post Share on other sites
Jeffwxyz 0 #12 April 23, 2009 My company has sent many out for Hazwoper training and has always paid them. We are in Ca. The only thing that may make a difference if that we have a union there. I suspect that if this training is to allow you to do something part of your job, then they must pay you to go. Also, by you going and getting the training, you are fulfilling regulatory requirements for the company. So, by you not having the training, the company could get busted by CalOSHA, Ca DTSC, and Fed EPA. Maybe even Fed DOT. Who ever does not want to pay you has no idea how bad those agencies can make their life if they decide to open a fresh can of "whoop ass". Quote Share this post Link to post Share on other sites
Andy9o8 2 #13 April 23, 2009 Just to clarify - I wasn't addressing whether you're right or wrong - I think legally you're very probably right and your employer is wrong (w/o my looking into CA law, which apparently Jerry is doing; props to him). I'm just agreeing with Krisanne's separate point. Quote *unemployment for her was denied due to differences in social security number and name.. they are confused because she is married now. *sigh* Well, now, don't let that go - if she's entitled to it, she's entitled to it. Pursue that as far and as vigorously as possible! Quote Share this post Link to post Share on other sites
hollypocket 0 #14 April 30, 2009 Can we just sue for every penny they AREN'T worth? /\\> Quote Share this post Link to post Share on other sites
