Applicable FLSA Regulations
Selected FLSA Regulations (29 C.F.R. § 785.27, § 785.28
and § 785.29)
§ 785.27 General.
Attendance at lectures, meeting, training programs and similar
activities need not be counted as working time if the following
four criteria are met:
(a) Attendance is outside of the employee’s regular
working hours;
(b) Attendance is in fact voluntary;
(c) The course, lecture, or meeting is not directly related to
the employee’s job; and
(d) The employee does not perform any productive work
during such attendance.
§ 785.28 Involuntary attendance.
Attendance is not voluntary, of course, if it is required by the
employer. It is not voluntary in fact if the employee is given to
understand, or led to believe, that his present working
conditions or the continuance of his employment would be
adversely affected by nonattendance.
§ 785.29 Training directly related to employee’s job.
The training is directly related to the employee’s job if it is
designed to make the employee handle his job more effectively
as distinguished from training him for another job, or to a new
or additional skill. For example, a stenographer who is given a
course in stenography is engaged in an activity to make her a
better stenographer. Time spent in such a course given by the
employer or under his auspices is hours worked. However, if
the stenographer takes a course in bookkeeping, it may not be
directly related to her job. Thus, the time she spends voluntarily
in taking such a bookkeeping course, outside of regular
working hours, need not be counted as working time. Where a
training course is instituted for the bona fide purpose of
preparing for advancement through upgrading the employee to
a higher skill, and is not intended to make the employee more
efficient in his present job, the training is not considered directly
related to the employee’s job even though the course
incidentally improve his skill in doing his regular work.
and § 785.29)
§ 785.27 General.
Attendance at lectures, meeting, training programs and similar
activities need not be counted as working time if the following
four criteria are met:
(a) Attendance is outside of the employee’s regular
working hours;
(b) Attendance is in fact voluntary;
(c) The course, lecture, or meeting is not directly related to
the employee’s job; and
(d) The employee does not perform any productive work
during such attendance.
§ 785.28 Involuntary attendance.
Attendance is not voluntary, of course, if it is required by the
employer. It is not voluntary in fact if the employee is given to
understand, or led to believe, that his present working
conditions or the continuance of his employment would be
adversely affected by nonattendance.
§ 785.29 Training directly related to employee’s job.
The training is directly related to the employee’s job if it is
designed to make the employee handle his job more effectively
as distinguished from training him for another job, or to a new
or additional skill. For example, a stenographer who is given a
course in stenography is engaged in an activity to make her a
better stenographer. Time spent in such a course given by the
employer or under his auspices is hours worked. However, if
the stenographer takes a course in bookkeeping, it may not be
directly related to her job. Thus, the time she spends voluntarily
in taking such a bookkeeping course, outside of regular
working hours, need not be counted as working time. Where a
training course is instituted for the bona fide purpose of
preparing for advancement through upgrading the employee to
a higher skill, and is not intended to make the employee more
efficient in his present job, the training is not considered directly
related to the employee’s job even though the course
incidentally improve his skill in doing his regular work.
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