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Aug04

Employee Quit on First day

Hi. My question is a new hire worked for 5 hours for training and then was doing new hire paperwork and decided this job was not for her. She decided to leave the shift early and emailed me she did not want the job after all. I did not get all of her W4 info. Do I even have to pay her at all for the 5 hours of training?

The federal Fair Labor Standards Act (FLSA) establishes compensation regulations for employees. Any time an employee is suffered or permitted to work the time must be compensated.

According to the DOL, attendance at lectures, meetings, training programs and similar activities need not be counted as working time only if four criteria are met; attendance is outside normal hours, attendance is voluntary, the event is not job-related, and no other work is concurrently performed.

Most new-hire/orientation training doesn’t fit the criteria mentioned above. Thus, the time must be compensated.

If the individual didn’t complete the necessary tax forms then taxes must be withheld as if the individual claimed no exemptions.

This entry was posted on Thursday, August 4th, 2016 at 9:08 pm and is filed under
Compensation.
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