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So, here's the takeaway: employers can require employees to pay back educational costs if the employee quits early, so long as the educational program was both voluntary and not specific to the employer's operations.
Employers can only deduct money for training courses if it was agreed in the contract or in writing beforehand. For example, an employer could ask someone to agree in writing before a training course to pay back costs if they leave within 6 months.
As a result, most employers in New York must pay their interns or trainees unless the interns or trainees fall outside of both the FLSA's and the N.Y. Minimum Wage Act's definition of an employee.
'Mandatory training' is any training that your employer says you need to do. ( Legally, employers do not have to pay employees if they request time off for training or study that isn't required for them to carry out their job.So, employees should be paid for any time that's taken to undertake this. ).
In essence, a training contract is an agreement between an employer, such as a manager or supervisor, and an employee. It outlines all of the key skills or knowledge employees must acquire, how they will acquire it, and how the outcome will be assessed.
State legislation on unpaid internships New York, for example, includes that internships must provide transferable (rather than company-specific) training and cannot be of any immediate advantage to the employer even when the intern is the primary beneficiary.
A training agreement is a legally enforceable contract that sets out the terms and conditions of any training that you provide your employees. It establishes the cost of undertaking training, and who is responsible for paying.
The short answer is yes, a properly drafted training bond is enforceable. When looking at training bond agreements, there are certain things you need to consider.
Yes, as long as the training is related to the employee's job, required by the employer, and conducted during regular work hours. In some cases, employers unlawfully deny compensation for the time their employees spend attending training sessions. Wage and hour abuses are all too common in New York City.
Before taking any action to deduct pay for training or require repayment from an employee, an employer must demonstrate that there is a legal basis to deduct money for the repayment of training course costs.