Is my new job allowed to do this?

[Celestialstrife]

Hi everyone, I am scheduled to start a new job next Tuesday. It's with a home health agency, and my boss sent me an email today, telling me about the time and what to wear and ect..but it says on their that I won't get paid for orientation time. I then called up my boss and asked her why I wouldn't be getting paid, and she tells me "You won't be considered an employee till you walk out the door after orientation" Sooo what is up with this, are they allowed to do that?

[Melena]

I've never heard of an employer not paying you for orientation. Best people to ask would be your states labor board as it's something that could vary from state to state.

[Tyche]

Yes, and you're going to make a big deal out of a few dollars when the job will be potentially much more?

[Celestialstrife]

"potentially" Maybe..sounds like it's going to be more of a agency, but I'm just asking.

[Demosthenes11]

meh, look into it independently (not through the company) and report them if its not legal

[Brill Weave]

If you're already concerned with how your new employer operates I would suggest looking for a different job.

[Celestialstrife]

Oh I am, I am.

[Anakron]

Sounds like it's less of an orientation thing, and more like required training. Are you getting sent there as an employee?

[Celestialstrife]

No, I just had an interview with them a couple weeks ago. She(my boss) told me that I would not be considered an employee till after orientation.

[Callisto]

My first reaction is that it's a sales position that does not initially represent itself as such, and a decent percentage of the people who go through the orientation decide it's not something they want to do and don't come back. If I had to guess I'd say they've already covered their bases in terms of legality, they could just say the orientation is part of the interview process.

[Celestialstrife]

It's home health care, I'm going to be hired on as a nurses assistant. So yea not a job most people want. It just seems kinda fishy to me. This is the first place I've worked for that won't pay for orientation.

[archibaldcrane]

I love when people post BGLegal issues and give absolutely no information about in which state or even country said issue is occurring.

Should be bannable.

[SephYuyX]

Summary of things businesses can do:
Businesses can pretty much do whatever they want.

[Celestialstrife]

I love when people post BGLegal issues and give absolutely no information about in which state or even country said issue is occurring.

Should be bannable.

Colorado, sorry!

[Tweek]

sounds very pyramid sales likeishness

[Olo401]

If their orientation is anything like this.. you probably shouldn't go back.

[archibaldcrane]

Sounds illegal under the US Dept. of Labor "Fair Labor Standards Act"

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.

http://www.dol.gov/whd/regs/compliance/whdfs22.pdf

[archibaldcrane]

More importantly, since it sounds very salesy-ish - are you working as an employee or as an independent contractor?

[Celestialstrife]

Employee, going to clients homes for whatever they need assistance with, light cleaning, cooking, assistance with baths. Stuff like that.

[Demosthenes11]

More importantly, since it sounds very salesy-ish - are you working as an employee or as an independent contractor?

most important question - are you on their payroll when you start?