If you’ve just started a new job or are about to start one, chances are your employer has scheduled you for training. Maybe it’s a week-long onboarding, a few hours of computer-based training, or a couple of sessions on safety and company policies. Whatever the case, you might be wondering: “Do I get paid for this training time, or is it unpaid?”
This is an important question because many workers in California face situations where employers try to avoid paying them for mandatory training. Some employers claim training is “voluntary,” some say you’re not actually “working,” and others even make you attend training before your official start date without pay.
So, let’s clear things up. This article will walk you through everything you need to know about unpaid training in California, your rights as an employee, and what steps you can take if your employer doesn’t pay you.
The Short Answer: Unpaid Training Is Illegal in California
In California, if training is mandatory and related to your job, your employer must pay you for your time. Period.
It doesn’t matter if you haven’t started your official position yet. It doesn’t matter if the training happens outside normal working hours. And it doesn’t matter if your boss claims you weren’t “productive.” If you are required to attend, then you are working. And when you are working, you must be paid.
California has some of the strongest wage and hour laws in the country, and those laws protect workers from wage theft—including unpaid training.
Why Some Employers Don’t Pay for Training
Unfortunately, not every employer follows the law. Some use tricks to avoid paying workers fairly. Here are common tactics you might encounter:
- Pre-start training: They tell you your official start date is next week but make you come in for training beforehand without pay.
- Calling it “voluntary”: They say the training is optional, but you feel pressured to attend because it’s necessary to keep your job.
- Off-the-clock training: They schedule training after your shift ends and say it’s not paid because you’re no longer “on the clock.”
- Claiming it’s recreational: They call training “fun,” “team-building,” or “optional learning,” even though it’s essential for your role.
- Docking wages: Some even reduce your regular pay when you attend training.
All of these practices are illegal when the training is mandatory and related to your work.
How California Law Defines Paid Training
Let’s break down the rules one by one so you know exactly when training time must be compensated:
1. If Training Is Mandatory, It Must Be Paid
If your employer tells you training is required, that time is considered part of your job. Just like waiting for customers or attending meetings, training is work—even if you’re just sitting in a classroom listening.
Example:
You’re hired as a server at a restaurant, and management requires you to attend food safety training before your first shift. Even if you’re not serving food yet, this is mandatory and must be paid.
2. If Training Relates to Your Job, It Must Be Paid
Even if training isn’t labeled “mandatory,” if it teaches you skills necessary for your work duties, you must be paid.
Example:
You’re a graphic designer, and your employer requires you to learn company-specific design software. Because this training directly relates to your job duties, you must be compensated.
But here’s the exception:
If you choose to attend extra training on your own (like taking a photography course for personal growth that your employer didn’t require), your employer doesn’t have to pay you.
3. Training During Regular or Overtime Hours Must Be Paid
If training happens during your normal shift, you must be paid for that time. And if it happens after hours and pushes you into overtime, you must be paid at the overtime rate.
Example:
You’re asked to stay two hours late for training after your eight-hour shift. Those two hours count as overtime and must be paid at the higher overtime rate.
4. Training That Produces Value for the Employer Must Be Paid
If you create something your employer uses during training, you must be paid. Employers cannot use unpaid training as a way to get free work.
Example:
During an interview or training session, you’re asked to complete a marketing project. Later, the company publishes your work on its website. Because your work created value for the company, you must be paid for that time.
Why This Matters to You
Unpaid training isn’t just a small inconvenience. It’s wage theft—and it costs you money.
When you attend unpaid training, you’re losing more than just time. You’re also paying out-of-pocket expenses like gas, food, childcare, or even lost opportunities to work elsewhere. For workers living paycheck to paycheck, even a few hours of unpaid time can make a big difference.
That’s why California law is clear: if you’re required to be there, you must be compensated.
Real-World Examples
To make this easier, let’s look at a few real-world scenarios:
- Restaurant Training: A fry cook is required to attend a week-long training before starting work. Since it’s mandatory and job-related, the cook must be paid for all training hours.
- Salon Training After Hours: A stylist is asked to stay late to learn a new haircutting technique. Even though the training is after regular hours, the stylist must be paid—possibly overtime.
- Corporate Training Course: An employee volunteers to attend a course on a new software program not required for their job. Since the training isn’t mandatory or directly related to their role, the employer doesn’t have to pay.
- Interview “Training”: A job candidate is asked to complete a work project as part of the interview. If the company uses the project, the candidate must be compensated for that time.
What to Do If Your Employer Doesn’t Pay for Training
If your employer refuses to pay you for training, don’t ignore it. You have options:
- Document Everything: Keep records of dates, hours, emails, or texts showing that training was required.
- Ask Your Employer: Sometimes employers make “mistakes.” Politely ask for clarification and request payment.
- Contact HR or Payroll: If your direct manager doesn’t resolve it, escalate to HR or payroll.
- Seek Legal Advice: If you still don’t get paid, talk to an employment attorney. Many work on a contingency basis, meaning you don’t pay unless they win compensation for you.
- File a Wage Claim: You can file a claim with the California Labor Commissioner’s Office to recover unpaid wages.
Your Legal Rights in California
Under California Labor Code and wage orders:
- You must be paid for all hours worked.
- Mandatory training counts as “hours worked.”
- Off-the-clock work, including training, is illegal.
- Employers cannot waive these rights or ask you to work for free.
Even if you’re not yet officially on payroll, if the company requires you to attend training, they must treat you as an employee for that period and compensate you.
Common Questions About Training Pay
Do I get paid for training before my official start date?
Yes. If your employer requires you to attend, they must pay you—even if you haven’t officially started.
What if training happens after hours?
You must be paid, and if it goes beyond 40 hours in a week, you’re entitled to overtime pay.
What if training is optional?
If it’s truly voluntary and not tied to your current job duties, your employer doesn’t have to pay you.
What if I’m asked to produce work during training?
If your work creates value for the employer, you must be compensated.
Why Employers Should Care Too
This isn’t just about employees. Employers benefit from following the law as well:
- Paying for training keeps employees motivated and loyal.
- It avoids lawsuits, fines, and penalties.
- It builds a culture of trust and fairness.
Smart employers see training as an investment, not a cost to cut corners on.
Final Thoughts
If you’ve been asked to attend unpaid training in California, remember this: your time is valuable, and the law is on your side.
Mandatory training, job-related training, training during work hours, and training that produces value for the employer must all be compensated. Any employer who tells you otherwise is breaking the law.
So, if you ever find yourself in this situation, don’t stay silent. Ask questions, know your rights, and if necessary, seek legal help. You deserve to be paid fairly for every hour you work—including training.