Legal Question in Employment Law in Pennsylvania

a non-union company wants their employees to attend a mandatory meeting after working hours, but will not pay the employees for their time. is this against the law?

Asked on 3/17/11, 3:07 am

1 Answer from Attorneys

Will Whitman Whitman, LLC

Generally, if the employees are "non exempt" employees, then yes. "Non exempt" refers to an employees' status under the federal Fair Labor Standards Act. My understanding is that non exempt employees need to be paid for any working time, as that is defined under the FLSA and interpreted by courts. I believe that mandatory, after working hours meetings, would be considered working time under the FLSA for non exempt employees. My suggestion is to ask your employer if you are exempt, and if so, what is the exemption. I would also take a look at the Department of Labor web site at , under the "wages" section there is a pdf entitled "Hours worked" which states the following: "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." Since you stated that the meeting is mandatory, it sounds to me like compensation is required, at least for non-exempt employees. The next question would be what rate of pay should be used. I hope this helps.

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Answered on 3/17/11, 2:57 pm

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