29 C.F.R. § 785.31
Special situations
There are some special situations where the time spent in attending lectures, training sessions and courses of instruction is not regarded as hours worked. For example, an employer may establish for the benefit of his employees a program of instruction which corresponds to courses offered by independent bona fide institutions of learning. Voluntary attendance by an employee at such courses outside of working hours would not be hours worked even if they are directly related to his job, or paid for by the employer.
Notes of Decisions
Cited in 6
cases, 1970–2020 · leading case: Haszard v. Am. Med. Response Nw., Inc., 237 F. Supp. 2d 1151 (D. Or. 2001).
Haszard v. Am. Med. Response Nw., Inc., 237 F. Supp. 2d 1151 (D. Or. 2001). “27 is not met, or AMR must prove that the training time constitutes a “special situation” under 29 CFR § 785.31 . The parties agree that two of the four criteria of 29 CFR § 785.”
Maynor v. Dow Chem. Co., 671 F. Supp. 2d 902 (S.D. Tex. 2009). “”); see also 29 C.F.R. § 785.31 (creating a “special” exemption to compensability if an employee voluntarily attends courses as part of a “program of instruction which corresponds to courses offered by independent bona fide institutions of learning” that the employer has…”
Seever v. Carrols Corp., 528 F. Supp. 2d 159 (W.D.N.Y. 2007). “” 29 C.F.R. § 785.31 (emphasis added). It is undisputed that promotions to Team Leader, Shift Supervisor, and Assistant Manager positions involved the exercise of significantly greater levels of authority and a need for additional expertise on the part of the promoted employee,…”
William R. Ballou v. Gen. Elec. Co., 433 F.2d 109 (1st Cir. 1970). “Admittedly, that letter was based on 29 C.F.R. § 785.31 which seems to concern voluntary programs, but as appellee indicates, voluntary programs are only an example of the application of that regulation.”
Henry T. Price v. Tampa Elec. Co., 806 F.2d 1551 (11th Cir. 1987). “29 C.F.R. § 785.31 . Appellant admits that his primary responsibility was testing rubber goods in the Meter Department, and the manager of the department estimated that he spent more than 90% of his time in this capacity.”
Robin Miller v. Citizens Fin. Grp., Inc. (D. Mass. 2020). “Under 29 C.F.R. § 785.31 , time spent in training, even if directly related to an additional self-study time beyond the minimum outside study hours needed to complete the Kaplan program should be considered “voluntary.”
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