(a) The general rules for determining the compensability of training time under the FLSA are set forth in §§ 785.27 through 785.32 of this title.
(b) While time spent in attending training required by an employer is normally considered compensable hours of work, following are situations where time spent by employees of State and local governments in required training is considered to be noncompensable:
(1) Attendance outside of regular working hours at specialized or follow-up training, which is required by law for certification of public and private sector employees within a particular governmental jurisdiction (e.g., certification of public and private emergency rescue workers), does not constitute compensable hours of work for public employees within that jurisdiction and subordinate jurisdictions.
(2) Attendance outside of regular working hours at specialized or follow-up training, which is required for certification of employees of a governmental jurisdiction by law of a higher level of government (e.g., where a State or county law imposes a training obligation on city employees), does not constitute compensable hours of work.
(3) Time spent in the training described in paragraphs (b) (1) or (2) of this section is not compensable, even if all or part of the costs of the training is borne by the employer.
(c) Police officers or employees in fire protection activities, who are in attendance at a police or fire academy or other training facility, are not considered to be on duty during those times when they are not in class or at a training session, if they are free to use such time for personal pursuits. Such free time is not compensable.
[52 FR 2032, Jan. 16, 1987, as amended at 76 FR 18857, Apr. 5, 2011]
Notes of Decisions
Cited in
15
cases (
3 in the last 5 years), 1992–2023 · leading case:
Misewicz v. City of Memphis, 864 F. Supp. 2d 688 (W.D. Tenn. 2012).
Misewicz v. City of Memphis, 864 F. Supp. 2d 688 (W.D. Tenn. 2012).
· cites it 14× “Specifically, Plaintiffs rely on 29 C.F.R. § 553.226 (b)(2), a Department of Labor regulation, stating that training time for employees of local government is non-compensable if the training is required for certification by law of a higher level of government such as the state…”
Jon Misewicz v. City of Memphis, Tennessee, 771 F.3d 332 (6th Cir. 2014).
· cites it 2× “The other exception in the DOL regulations, 29 C.F.R. § 553.226 “Training time,” applies only to employees of state and local governments and provides in relevant part as follows: (a) The general rules for determining the compensability of training time under the FLSA are set…”
Attanasio v. Cmty. Health Sys. Inc., 863 F. Supp. 2d 417 (M.D. Penn. 2012).
“City of Chula Vista considered whether police academy attendees were “not considered to be on duty” pursuant to 29 C.F.R. § 553.226 while they were preparing their uniforms, No.”
Caraballo v. City of Chicago, 969 F. Supp. 2d 1008 (N.D. Ill. 2013).
“) 29 C.F.R. § 553.226 (b)(1) provides that the time spent on such training outside of regular working hours is considered to be noncompensable time under the FLSA.”
Moreau v. Klevenhagen, 956 F.2d 516 (5th Cir. 1992).
“27 (1989) 18 29 C.F.R. 553.226(b) (1989) (emphasis added)”
Greene v. Cnty. of Essex (D.N.J. 2023).
· cites it 7× “Turning to the regulations, Defendant maintains that pursuant to 29 C.F.R. § 553.226 (b), it is not required to pay Plaintiffs for time spent at state mandated trainings.”
1 v. United States (Fed. Cl. 2021).
· cites it 5× “27 , but 29 C.F.R. § 553.226 . Reply at 2. That misunderstands the regulatory structure.”
Banks v. City of Springfield, 959 F. Supp. 972 (C.D. Ill. 1997).
· cites it 3× “29 C.F.R. § 553.226 (c). Accordingly, if Plaintiffs were not free to use the time which they were not in class or not in training for personal pursuits, then, arguably, every minute from the time when Plaintiffs signed into the academy on Sunday evening until the time when they…”
Olsen v. Town of Loudon, 482 F. Supp. 2d 177 (D.N.H. 2007).
“29 C.F.R. § 553.226 (b). Exceptions exist, however, when an employee attends specialized training outside of regular working hours that is either required by law for certification within a particular governmental jurisdiction or is required for certification by a higher level of…”
Doe No. 1 v. United States (Fed. Cl. 2022).
““Instead, DOL has exceptions for ‘bona fide apprenticeship programs,’ see 29 C.F.R. § 785.32 , and outside-working-hours training by State and local government employees when required by law to obtain a certification, see 29 C.”
— 29 C.F.R. § 553.226(b) — 3 cases
Moreau v. Klevenhagen, 956 F.2d 516 (5th Cir. 1992).
“27 (1989) 18 29 C.F.R. 553.226(b) (1989) (emphasis added)”
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