FLSA2004-13NA — Compensability of out-of-town training

U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
Washington, D.C. 20210

September 20, 2004 FLSA2004-13NA

Dear
Name*,

This is in response to your request for an opinion regarding whether the method the City of
Name* uses
to compensate its firefighters for attending out-of-town training classes complies with the provisions of the
Fair Labor Standards Act (FLSA).

You state that the City counts all time spent in approved training classes as hours worked, regardless of
whether the training is required by law or is voluntary. Employees are paid for travel time as well. Further,
because the City wishes to assure that the firefighters do not lose pay while attending out-of-town
classes, the City has always paid them for a full 24 hours for any 24-hour shift that they miss while in
training. For example, if a firefighter who spends an eight-hour day in training and, thus, cannot return in
time to complete his or her regularly scheduled 24-hour shift, it is the City’s practice to pay the employee
for 24 hours rather than 8. If, during a three-day training session of eight hours per day, a firefighter
misses three 24-hour work shifts, the City pays the firefighter for 72 hours even though the total hours
actually worked during the period was only 24.

However, if during attendance at a three-day training session of eight hours per day a firefighter misses
only one 24-hour work shift, the City pays for only 24 hours (plus travel time) since the total time spent in
training did not exceed the 24 work-shift hours. If the training lasts for four or five days, and a firefighter
misses only one 24-hour work shift, the City pays for the 24-hour shift, plus 8 hours per day for the fourth
and/or fifth day of training. The firefighters disagree with this method of compensation and you wish to
know whether the City’s method complies with the provisions of the FLSA.

It is the firefighters’ position that when they miss only one 24-hour shift during attendance at two or three
days of training the City should pay them for the 24-hour shift that they missed plus eight hours a day for
each additional day of training. Thus, a firefighter who missed one 24-hour shift during three days of
training would be paid for 40 hours, instead of 24 (plus travel time).

The FLSA requires employers to pay for all hours worked. It does not require additional pay for hours not
worked as some of the City’s firefighters request. Based on the examples of compensation you have
provided, it is our opinion that the City’s method of calculating firefighters’ pay during weeks that include
out-of-town training meets the requirements of the FLSA.

This opinion is based exclusively on the facts and circumstances described in your request and is given
on the basis of your representation, explicit or implied, that you have provided a full and fair description of
all the facts and circumstances which would be pertinent to our consideration of the question presented.
Existence of any other factual or historical background not contained in your request might require a
different conclusion than the one expressed herein. You have represented that this opinion is not sought
by a party to pending litigation concerning the issue addressed herein. You have also represented that
this opinion is not sought in connection with an investigation or litigation between a client or firm and the
Wage and Hour Division or the Department of Labor.

We trust that the above information is responsive to your inquiry.

Sincerely,

Barbara R. Relerford
Office of Enforcement Policy
Fair Labor Standards Team

* Note: The actual name(s) was removed to preserve privacy in accordance with 5 U.S.C. 552 (b)(7).
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