Compensable Time

We recently were advised that most of our employees need to obtain Food Service Worker Certification. (Food Handlers Cards)

All new hires are now required to take the test within 7 business days of starting employment as a condition of employment. We do not pay them for the time spent getting the card, or for travel time to/from the testing site.



Existing staff also have to take their tests off site. Depending on our scheduling needs, some will take the test on the way to or from work - Some will be sent in the middle of their shift.

For the existing staff, would testing and travel time be compensable in both cases?

Depending on the work location, the testing site could be 2-3 miles away or 15 miles away, if that makes a difference.

Comments

  • 2 Comments sorted by Votes Date Added
  • I would say that it would be compensable as this is a requirement for the job. New hires as well as current employees should be paid for their time to travel to/from testing site as well as time taking the test.
  • It occurred to me that I never posted the results of my research on this issue...

    Current employees: we have to compensate for testing time, and also for travel time between work and the testing site.
    - If they take the test on the way home from work, for example, we pay from work site to test site, but not test site to home.
    - If they take the test during lunch break, we pay for travel time to and from work and hte site, and for time spent taking the test.

    New employees: we changed the requirement to have their card prior to starting work. Therefore we do not need to compensate them for any time at all.
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