Can a company force workers to take required testing on their own time?

In a word, no. If an employee is required to perform a task at the employer's direction, he/she must be compensated for that time at the normal rate of pay.

Humor On

Okay, I heard this the other day from a customer and in my twisted mind it relates to your question, sort of.

Guy tells me he "only poo's at work. cause he gets paid for pooing and get's to leverage the company resources!"

So this company making people take tests on their own time, I wonder what their thoughts would be on the statement above?

Company/job mandated testing is work related and the company must pay. Since all time, including regular wages, applicable overtime and travel time, is owed the employee, the company would be better off to have employees stay on the clock.

I really appreciate the responses you have provided for my question. Now comes the ever delicate way to approach this so the employees can get a fair shake without being shown the door. Is there a ruling or documentation that can be referred to when presenting the issue to management?

Actually, there are some variables to the question that should be provided to get a more specific answer.

You indicated that you are required to "obtain equipment operator license specific for intra company use". Typically, licenses are issued by states, while certifications can be issued by any entity, including a company. I am doubtful that any state is issuing an operator's license for equipment that can ONLY be used at your employer's company. If this is truly a state-issued license, rather than a company-issued certification, I'd hazard a guess that while your employer requires the license, it may be a license for equipment that might be in use at some other companies as well.

You also did not indicate if the testing for this license (or certification) can be done at times that are outside of your normal workshift, so as to not incur a pay loss. If the employer is requiring you to take a test that is only available during your work hours, you have a stronger case to argue to be paid for time taking the test; if the employer is making the test available at times that would not incur a loss in pay, then you have a weaker case.

Another factor is that you also did not indicate what state you are in, which potentially could make a difference.

And lastly, when you became employed by this company, did they indicate anything in writing about their policy? If it was made known to you at the time of hiring that you would be required to periodically test to obtain and keep this license current, and that you would not be paid for the time to take it, then their position would be stronger.

As far as a ruling, you can try your state labor board to see if they can point you in the correct direction.

I can tell you it's a pretty standard clause in many UK contracts that training or examinations that are necessary for the job, are unpaid time. I think it's morally reprehensible and have spent a lot of time arguing for change in some organisations, but sadly it is legal.

K-
I agree with the answers, this is definitely compensable time. To the extent the cmpany does not provide regular work time or the training isn't available during that time it needs to be paid.
The FLSA ( Fair Labor Standands Act) has pretty clear guide lines about this.
One exception would be that if the licensing is a requirement that was specified pre-employment- like having a contractors license of a certificate and it was made clear that obtaining and/or retaining the license is an employee responsibility.
Small employers don't always "like" these rulings. Spelling out that if the local 706 (State or local labor agency") finds you out of compliance they usually accompany that with nasty fines and firther action who retaliates against an employee for reporting it.
Positions like this by companies is dumb. They make your employees angry, potentially put you in a position for a government audit, and can be very expensive if it is demonstrated you knowingly ignored the law.
If your company employs an attorney to review things you might get a legal consult from them.

I understand your struggle, it's always about the benjamins. Perhaps you could do a ROI on this project, even though the company is obligated, you can always soften the blow by presenting it as a win win.
What's the value of the employees have the certifications and how will that help the company.

We have always allowed our employees to take classes and tests and be compensated for their time. But, as a professional, I have always been willing to take classes and tests to further my career without any compensation from my employer. If you value your career, and want to move ahead, continually educating yourself and adding to your resume is crucial.

Tamara Field
www.press8.com