QUESTION
My 16 year old daughter has decided to work for her father at his studio. She started training last week and her father told her she does NOT get
Asked on Aug 05th, 2012 on Business Law - Arizona
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paid for training. I am a business professional and know the FLSA laws prohibit anyone from NOT getting paid even through training and in some cases paid for their travel. Her father has her convinced that since she is just sitting there observing he is not obligated to pay her. What a great "father" right. Nevertheless she has trained approx. 20 hours this week and 9 of those hours were yesterday 8-4-12 without any pay at all. What exactly are the minor laws for Arizona? Should I report this? My daughter should be paid. In my industry as well as ALL industries from all the classes I''ve taken a minor HAS to be paid at least min. wage even if its for training or any kind of meetings or anything that has to do with "working". I need some help. This is wrong!!! She might as well be working in a sweat factory making 10 cents and hour...at least she would be getting paid something. Thank you
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Generally speaking, training programs and similar activities need not be counted as working time if the following four criteria are met:
(a) Attendance is outside of the employee's regular working hours;
(b) Attendance is in fact voluntary;
(c) The course, lecture, or meeting is not directly related to the employee's job; and
(d) The employee does not perform any productive work during such attendance.
Your ex-husband has a decent claim that he meets all four of these criteria, since your daughter has no regular job or duties.
Answered on Aug 05th, 2012 at 5:49 PM