Coaches Usag certs and compensation

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cocoslc12

Coach
Judge
Hello,
Any gym owners/head coaches out there, I have a question that I seem to get alot of opinions on but I'm looking for facts. At my gym, we require all coaches, competitive or not, to be usag certified. It's always been expected that employees do these certs on their own time. However, many employees are a bit disgruntled with this, saying that legally, they need to be compensated for their time. I agree, but I have no "proof" that this is true other then it makes sense to me because the job is requiring it after the coach is hired, not a prerequisite. How does your gym handle this? Any input is greatly appreciated!
 
There is no federal legal requirement to provide compensation for certifications, even if they are required by the employer. There may be some variability by state. I am not a coach, I work in healthcare but I suspect legally it may be similar especially since healthcare workers must all maintain licensure and many of us have additional certifications that may not be a requirement for employment but may be a requirement for doing specific skills or seeing certain types of patients. I have worked at 3 hospitals in 3 different states. One reimbursed licensure and certifications, one reimbursed licensure only, and one reimbursed nothing. I'm not sure if it was a state law difference or just tactics to recruit/retain employees.
 
I worked at one gym that had this insanely detailed compensation list where different certifications and types of classes taught correlated to specific hourly pay increases. If the gym paid for the certification, then you didn't get the pay increase attached to it.

I more recently worked at a gym where we were reimbursed for the costs, even for our USAG memberships and paid for time taken to complete the course.
 
As an employment lawyer (but not offering specific legal advice here) I would have concerns that there are FLSA implications for not compensating hourly employees for time spent obtaining certifications required by the employer. I believe that this time would count as hours worked under the FLSA and not paying employees for all hours worked has stiff legal ramifications. I would advise my client that it is much easier to pay for this time than it is to deal with the DOL. If the employees are disgruntled, it is possible that one or more could file a complaint with the DOL or your state equivalent. At the gym I am involved with the time is paid but course work is completed at the gym pursuant to the personnel manual.
 
I would have concerns that there are FLSA implications for not compensating hourly employees for time spent obtaining certifications required by the employer.

This is correct… they must be paid… page 2…


From this page…


Lectures, Meetings and Training Programs:

Attendance at lectures, meetings, training programs and similar activities need not be counted as working time only if four criteria are met, namely: it is outside normal hours, it is voluntary, not job related, and no other work is concurrently performed.
 

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