(a) The general rules for determining the compensability of training
time under the FLSA are set forth in Secs. 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 firefighters, 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.
