TL;DR Yes — once you are hired, you do get paid for training that the job requires. Federal law treats it as hours workedHours worked: the time an employer must pay for under the Fair Labor Standards Act. It includes required training, wherever it happens., in the store or on your phone at home, and it can go unpaid only when four things are all true: it is outside your regular hours, voluntary, not directly related to your job, and involves no productive work. A worker under 20 may be paid a youth minimum wageYouth minimum wage: a federal rate of not less than $4.25 an hour for a worker under 20, only during the first 90 consecutive calendar days after hiring. of $4.25 an hour for the first 90 calendar days unless state law requires more. An unpaid trial shift turns on whether you were already working as an employee, and an unpaid internship on who is the primary beneficiaryPrimary beneficiary test: the test courts use to decide whether an intern or student is really an employee who must be paid.. If training hours are missing from your check, write them down, ask in writing, and call the Wage and Hour Division at 1-866-487-9243.
Six Online Modules and a Saturday “Trial Shift”: Is Any of It Paid?
You get the job on a Thursday. That night the manager texts: “Welcome! Finish the six online modules before Monday — about three hours. And come in Saturday for a trial shift so we can see how you do.” You do the modules on your couch. On Saturday you work four hours, taking orders and restocking the cooler. Your first check shows neither one. You ask, and the answer is quick: “We don’t pay for training.” For required training, federal law says otherwise. Here is the federal rule, what six states add, and how to get the hours paid.Do You Get Paid for Training? The Short Answer
The Fair Labor Standards Act (FLSA) requires covered employers to pay at least the minimum wage — $7.25 an hour under 29 U.S.C. § 206(a)(1), or more where state law says so — for the hours an employee works. Its reach is broad: “‘Employ’ includes to suffer or permit to work” (29 U.S.C. § 203(g)). The Labor Department’s rule on training time is 29 CFR § 785.27. Time at “lectures, meetings, training programs and similar activities” need not be counted as working time only if four conditions are all met:
- It is outside your regular working hours.
- Attendance is in fact voluntary.
- It is not directly related to your job.
- You do no productive work while you attend.
Paid or Unpaid? Training Situations, One by One
Situation 1 · Orientation Orientation and onboarding — paidYour first day is a handbook walk-through, a safety video, and a tour. You were told to be there, and it prepares you for this job. That fails the “voluntary” and “not directly related” conditions, so the time is hours worked.
The same goes for a mandatory staff meeting or a day shadowing a coworker.
Situation 2 · Online modules Videos and quizzes done at home — paid if they were requiredDoing the training on your couch at 9 p.m. meets only the first condition: it is outside your regular hours. If the employer assigned the modules, they are not voluntary. If they teach you this job, they are directly related to it.
Keep proof: the message that assigned the modules, and a dated screenshot of each completion screen. Required work done without clocking in is still work — see whether your boss can make you work off the clock.
Situation 3 · Trial shifts Unpaid “working interviews” — were you an employee yet?No federal rule names the “trial shift.” The general test applies: was the business already employing you? The leading case is Walling v. Portland Terminal Co. (1947). A railroad ran a training course, averaging seven or eight days, for people who wanted to become yard brakemen. The Supreme Court held they were not employees. They worked under close supervision, did not displace regular employees, and had no agreement for pay, and the Court accepted the finding that “the railroads receive no ‘immediate advantage’ from any work done by the trainees.”
A Saturday shift where you take real orders gives the business an immediate advantage, which points toward employee status and pay. An interview or a short skills test looks different. Courts decide these cases on their facts, so ask first, by text, whether the shift is paid.
Situation 4 · Internships Interns and students — the primary beneficiary testCourts ask who benefits most. A federal appeals court set out the test in Glatt v. Fox Searchlight Pictures (2d Cir. 2016), and the Labor Department’s Fact Sheet #71 lists the same seven factors for for-profit employers. They include ties to coursework or academic credit and whether the intern’s work complements paid employees’ work instead of displacing it. In the Department’s words: “Courts have described the ‘primary beneficiary test’ as a flexible test, and no single factor is determinative.”
If the business benefits most, the intern is an employee and is owed at least the minimum wage. The fact sheet adds that unpaid internships for public sector and non-profit charitable organizations, where the intern volunteers without expecting pay, are generally permissible.
Situation 5 · Start-up costs Uniforms, food-handler cards, and background checks — who paysFederal law’s rule is that wages must be paid “free and clear” (29 CFR § 531.35). When an employer requires you to buy something used for the employer’s work — the regulation’s example is tools of the trade — the Act is violated in any workweek when that cost cuts into the minimum wage or overtime you are owed. A companion rule lists uniforms the business requires among the items that are primarily for the employer’s benefit (29 CFR § 531.3(d)). If you earn exactly the minimum wage, any such cost takes you below it.
Some states are stricter. Before you pay for a shirt, a card, or a background check, ask in writing who covers it.
What Six States Add to the Federal Rule The federal rule applies in every state and does not excuse an employer from a state law that sets a higher minimum wage (29 U.S.C. § 218(a)). States add rules of their own:
- California — if a job requires a food handler card, the employer must pay for it and count the training and exam time as hours worked (Health & Safety Code § 113948(i)). Employers must reimburse necessary work expenses (Labor Code § 2802). For contracts entered into on or after January 1, 2026, a term that charges a worker a debt, penalty, fee, or cost because the job ended is unlawful, with listed exceptions (Bus. & Prof. Code § 16608; Labor Code § 926).
- New York — the Trapped at Work Act says: “No employer may require, as a condition of employment, any employee or prospective employee to execute an employment promissory note” (Labor Law § 1052). That means an agreement to pay the employer money if the job ends before a stated period (§ 1050). The law lists exceptions, and fines run from $1,000 to $5,000 for each violation (§ 1053). It takes effect December 19, 2026.
- Illinois — the state Department of Labor says an employer may not deduct the cost of a uniform from your pay unless you sign an express written agreement at the time of the deduction (56 Ill. Adm. Code 300.840). Employers must reimburse necessary job expenses (820 ILCS 115/9.5). A wage complaint to the Department is due within one year after the wages were due (820 ILCS 115/11).
- Washington — an employer must furnish or pay for required work clothing only when it is a “uniform,” such as distinctive apparel that identifies the wearer as that employer’s worker (RCW 49.12.450). A law taking effect June 30, 2027 prohibits noncompetition agreements and limits some agreements to repay education costs (chapter 149, Laws of 2026).
- Texas — a state wage claim must be filed no later than the 180th day after the wages became due (Labor Code § 61.051(c)). An employer may not deduct from wages unless a court orders it, a law authorizes it, or the employee has agreed in writing for a lawful purpose (§ 61.018).
- Florida — before suing for unpaid minimum wages under state law, a worker must notify the employer in writing, and the employer then has 15 calendar days to pay or resolve the claim (Fla. Stat. § 448.110).
What to Say When Training Hours Are Missing From Your Paycheck
Count the hours, then ask in writing
1. Before you start, ask about training pay up front:
“Thanks for the offer. Is orientation and training paid, and at what hourly rate? Is the trial shift paid too?”
2. If training hours are missing from your check, ask by text or email, so there is a record:“Hi — my check for [dates] doesn’t include [number] hours of required training: the online modules on [date] and orientation on [date]. Can those hours be added to my next check?”
3. If the answer is “we don’t pay for training”:“I understand. The modules were required for the job, so I believe that time counts as hours worked. Could you check with payroll or HR and let me know?”
4. If the answer is still no, or never comes:Don’t argue on the floor or walk out mid-shift. Keep your records, tell a parent or guardian if you are under 18, and follow the steps below.
It is unlawful to fire or otherwise discriminate against an employee for filing a wage complaint (29 U.S.C. § 215(a)(3)). For the wider rules, see when you can be fired for no reason.What to Do If Your Training Hours Were Not Paid
- Write down every hour. Note the date, start time, end time, what you did, and who assigned it.
- Save the proof. Keep the message that assigned the training, completion screenshots, your schedule, and every pay stub.
- Ask in writing. Use the script above and save the reply.
- File a complaint. Call the Wage and Hour Division at 1-866-487-9243 or start on its complaint page. Its site says: “All services are free and confidential, whether you are documented or not.” Have ready the company’s name, location, and phone number, a manager’s name, and how and when you were paid. Your state labor agency has its own claim process.
- Watch the deadline. A federal claim must be started within two years, or three years if the violation was willful (29 U.S.C. § 255(a)). State deadlines can be much shorter, such as 180 days for a Texas wage claim.
Training Pay: What an Employer Can vs. Can’t Do
✓ AN EMPLOYER CAN
- Require training and decide when and where it happens — as long as the time is paid
- Pay a worker under 20 as little as $4.25 an hour for the first 90 consecutive calendar days, where state law allows it
- Leave unpaid a class that meets all four conditions for unpaid training
- Leave unpaid the classroom part of a bona fide apprenticeship that meets the conditions in 29 CFR § 785.32
✗ AN EMPLOYER CAN’T
- Label required orientation or required online modules “unpaid training”
- Call attendance “voluntary” while letting you understand that your job depends on it
- Make you buy items required for the employer’s work when the cost cuts into the minimum wage or overtime you are owed
- Push out current workers, or cut their hours or pay, to hire at the $4.25 youth rate
- Fire or punish you for filing a wage complaint
Training Pay Myths, Busted
Myth: “Training isn’t real work, so it doesn’t have to be paid.”
False. Under 29 CFR § 785.27, training time is working time unless all four conditions are met. Required training for the job you were hired to do fails at least two of them — even when you do it at home.
Myth: “There’s a training wage, so they can pay new hires whatever they want for 90 days.”
False. The federal youth rate is at least $4.25 an hour, applies only to workers under 20, and lasts only the first 90 consecutive calendar days (29 U.S.C. § 206(g)). At 20 or older, the youth rate does not apply at all.
Myth: “I agreed to an unpaid trial shift, so I can’t ask for pay.”
Not that simple. In Portland Terminal, the lack of any agreement for pay was only one fact among several that the Court relied on.
Myth: “If I quit during training, I automatically owe the company for it.”
False. You owe training costs only if you signed an agreement that says so, and state law may limit or void that agreement. California and New York have both passed laws on this.
Training Pay Questions People Actually Ask
Tap a question to open it.Do you get paid for orientation?
Yes, if you are an employee and the orientation is required. Training time is hours worked unless it is outside regular hours, voluntary, not directly related to your job, and free of productive work, all four at once. A required orientation for your own job is neither voluntary nor unrelated to the job.
Do you have to be paid for online training done at home?
Yes, if your employer required it. Doing the modules at home, outside your shift, meets only one of the four conditions for unpaid training. Under 29 CFR § 785.28, attendance is not voluntary if the employer requires it. Save the message that assigned the training.
Is an unpaid trial shift legal?
It depends on whether you were an employee during the shift. In Walling v. Portland Terminal Co. (1947), trainees were not employees where they were closely supervised, displaced no regular workers, had no agreement for pay, and gave the company no immediate advantage. A trial shift of ordinary productive work points the other way.
Can an employer pay less than minimum wage during training?
Only where a specific law allows a lower rate. The main federal one is the youth minimum wage: not less than $4.25 an hour for a worker under 20, during the first 90 consecutive calendar days after hiring (29 U.S.C. § 206(g)). It is based on age and start date, not on training. If your state requires more, you are owed the higher rate. See our guide to the minimum wage for teens.
Can your employer make you pay for a uniform, food handler card, or background check?
Under federal law, the cost of a required uniform or tools may not cut into the minimum wage or overtime you are owed (29 CFR § 531.35). The federal rules do not name cards or background checks, so check your state. California requires the employer to pay for a food handler card and to count the training and exam time as hours worked (Health and Safety Code § 113948).
Can a job make you pay back training costs if you quit?
It depends on your state and on what you signed. For contracts entered into on or after January 1, 2026, California makes it unlawful to include a term that charges a worker a debt, penalty, fee, or cost because the job ended, with listed exceptions (Business and Professions Code § 16608). New York’s Trapped at Work Act bars employers from requiring an employment promissory note as a condition of employment; it takes effect December 19, 2026. If you are under 18, read whether a minor can sign a contract.
How long do you have to claim unpaid training wages?
Under federal law, two years, or three years if the violation was willful (29 U.S.C. § 255(a)). State wage claims have their own deadlines, and some are much shorter, so check your state labor agency’s site soon.
Training Pay: Key Terms, Explained
Hours worked — the time an employer must pay for under the FLSA. Required, job-related training is part of it.
Youth minimum wage — not less than $4.25 an hour for workers under 20, for the first 90 consecutive calendar days after hiring.
Primary beneficiary test — the seven-factor test for whether an intern or student at a for-profit business is an employee.
Training repayment agreement — a contract term that makes a worker pay the employer for leaving before a set date.
Liquidated damages — an added amount equal to the unpaid wages, owed under 29 U.S.C. § 216(b).
The Law Behind Paid Training Time
29 CFR §§ 785.27–785.32 — training timeThe Labor Department’s rule on when training counts as working time, including the four conditions above.
Walling v. Portland Terminal Co. (1947)The Supreme Court’s trainee case. People in a railroad’s short course for yard brakemen were not employees, because the railroad received no immediate advantage from their work.
Glatt v. Fox Searchlight Pictures, Inc. (2d Cir. 2016)The federal appeals court decision that set out the primary beneficiary test for unpaid interns and sent the case back to the trial court to apply it.
Training Pay Law That’s Still Moving
The edges to watch as of October 2026:
- New York’s Trapped at Work Act — Labor Law Article 37 is on the books and takes effect December 19, 2026. It includes a section on rules (§ 1054), so watch the state Department of Labor for guidance.
- Washington’s 2026 law — Engrossed Substitute House Bill 1155, signed March 23, 2026, takes effect June 30, 2027. It counts a demand that a worker repay or forfeit money for taking other lawful work as a noncompetition covenant, except a written agreement to repay out-of-pocket educational expenses that expires within 18 months of the start date, is prorated, and releases a worker who leaves for good cause.
- California’s repayment-contract law — Business and Professions Code § 16608 applies to contracts entered into on or after January 1, 2026, so it does not reach older agreements.
One important note: this article covers federal law, which applies to employees covered by the Fair Labor Standards Act, plus examples from six states. Your state may treat training time, required certifications, or repayment contracts differently — here is how federal and state law fit together.
The Bottom Line on Whether You Get Paid for Training
If you have been hired and the training is required, it is work, and work is paid. Training time can go unpaid only when it is outside your hours, voluntary, unrelated to your job, and free of productive work — all four together. The lower rate for workers under 20 depends on age and a 90-day calendar, not on the word “training.” So ask about training pay before you start, keep a record of every hour, and put your question in writing. If the hours still go unpaid, take the claim to the Wage and Hour Division or your state labor agency. Now you know.The other unpaid timeCan your boss make you work off the clock? → The rate you are owedWhat is the minimum wage for teens? → The whole subjectExplore Teen & Young Adult →
Sources
Primary sources:- 29 CFR § 785.27 — training time, the four conditions — law.cornell.edu
- 29 CFR § 785.28 — involuntary attendance — law.cornell.edu
- 29 CFR § 785.29 — training directly related to the employee’s job — law.cornell.edu
- 29 CFR § 785.32 — apprenticeship training — law.cornell.edu
- U.S. Department of Labor, Fact Sheet #22 — Hours Worked Under the FLSA — dol.gov
- 29 U.S.C. § 203 — definitions, including “employ” — law.cornell.edu
- 29 U.S.C. § 206 — minimum wage, including the youth rate in subsection (g) — law.cornell.edu
- 29 U.S.C. § 215 — prohibited acts, including retaliation — law.cornell.edu
- 29 U.S.C. § 216 — unpaid wages and liquidated damages — law.cornell.edu
- 29 U.S.C. § 218 — relation to state laws — law.cornell.edu
- 29 U.S.C. § 255 — two-year and three-year deadlines — law.cornell.edu
- 29 CFR § 531.35 — “free and clear” payment — law.cornell.edu
- 29 CFR § 531.3 — items primarily for the employer’s benefit — govinfo.gov
- U.S. Department of Labor, Fact Sheet #16 — Deductions From Wages for Uniforms and Other Facilities — dol.gov
- Walling v. Portland Terminal Co., 330 U.S. 148 (1947) — full opinion — supreme.justia.com
- Glatt v. Fox Searchlight Pictures, Inc., No. 13-4478 (2d Cir. Jan. 25, 2016) — amended opinion — law.justia.com
- U.S. Department of Labor, Fact Sheet #71 — Internship Programs Under the FLSA — dol.gov
- Wage and Hour Division — How to File a Complaint — dol.gov
- Wage and Hour Division — information you need to file a complaint — dol.gov
- U.S. Department of Labor — State Labor Offices — dol.gov
- California Health and Safety Code § 113948 — food handler cards — law.justia.com
- California Labor Code § 2802 — reimbursement of necessary expenses — law.justia.com
- California Business and Professions Code § 16608 — repayment terms in employment contracts — law.justia.com
- California Labor Code § 926 — remedies — law.justia.com
- New York Labor Law, Article 37 — Trapped at Work Act — nysenate.gov
- New York Labor Law § 1050 — definitions — nysenate.gov
- New York Labor Law § 1052 — employment promissory notes — nysenate.gov
- New York Labor Law § 1053 — enforcement — nysenate.gov
- Illinois Department of Labor — Deductions from Pay FAQ — labor.illinois.gov
- Illinois Department of Labor — Wage Payment and Collection Act FAQ — labor.illinois.gov
- Illinois Wage Payment and Collection Act, 820 ILCS 115 — sections 9.5 and 11 — law.justia.com
- Revised Code of Washington § 49.12.450 — required work apparel — app.leg.wa.gov
- Washington State Legislature — HB 1155 bill history (chapter 149, Laws of 2026) — app.leg.wa.gov
- Washington Engrossed Substitute House Bill 1155 — text as passed — lawfilesext.leg.wa.gov
- Texas Labor Code § 61.051 — filing a wage claim — texas.public.law
- Texas Labor Code § 61.018 — deduction from wages — texas.public.law
- Florida Statutes § 448.110 — Florida Minimum Wage Act — flsenate.gov
LawJustic is for educational purposes only and does not provide legal advice. Training pay, required certifications, and repayment agreements are governed by federal and state rules that vary and change. If you think you are owed wages, contact the U.S. Department of Labor’s Wage and Hour Division, your state labor agency, or a licensed employment attorney. Last reviewed: October 2026.