FLSA Hours Worked Advisor
Some employees learn a trade through on-the-job training under the guidance of a skilled journeyman combined with related, supplemental classroom instruction usually held outside of working hours. This type of training is sometimes called an apprenticeship program.
The following applies to employees engaged in apprenticeship programs. If you are unsure whether your employees are apprentices or regular employees, click on the underlined text.
The time apprentices spend working on the job is hours worked. The time they spend in related supplemental classroom instruction outside of working hours may not be hours worked, depending on the terms of the Apprenticeship Agreement.
As an enforcement policy the time spent in this training will not be hours worked, if:
- The apprentice is employed under a written apprenticeship agreement or program which substantially meets the fundamental standards of the Office of Apprenticeship of the U.S. Department of Labor, and
- The training time does not involve productive work or performance of the apprentices regular duties.
If the above criteria are met, the time spent in such training will not be counted as hours worked unless the written apprenticeship agreement specifically provides that it is hours worked. 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.
To review the regulations on time spent in apprenticeship programs, click on the underlined text.
For more information, please contact your local Wage and Hour District Office.