TRAP for the Unwary Employer: Requiring Employees to Pay Back Mandatory Training is Unlawful

10.18.2022

In recent years, employers have started utilizing what some call Training Repayment Agreement Provisions (or TRAPs). According to an MSN Article, the Cornell Survey Research Institute states that almost 10% of American workers surveyed in 2020 reported they were covered by a TRAP.[1] Ironically, while TRAPs sound advantageous for employers, they are actually a trap for potential liability.

Under Michigan’s Payment of Wages and Fringe Benefits Act (WFBA), employees cannot be required, as a condition of employment, to reimburse an employer for employer-mandated training after he or she resigns. The Michigan Supreme Court has found that this law is designed to “prevent kickbacks or payments of any kind to an employer in return for employment or its continuation.” Sands Appliance Servs., Inc. v. Wilson, 463 Mich. 231, 241, 615 N.W.2d 241, 247 (2000).

For employers outside of Michigan, TRAPs may or may not be unlawful under various state laws. In addition, federal law is still a barrier to TRAPs requiring repayment of mandatory training. The Fair Labor Standards Act (FLSA) is the federal law that governs workplace requirements relating to pay, overtime, etc. Under the FLSA, training time is compensable, and cannot be later recouped through a TRAP, unless all of the following are met: the training must be outside of normal hours; the training must be voluntary; the training must not be job related; and no other work is concurrently performed while attending the training.

Notably, these rules are designed to prevent kickbacks for employer-required training. Tuition reimbursement programs or reimbursement for voluntary training that meet the above FLSA factors are lawful. However, because of the legal complexities involved, Employers should contact their labor and employment counsel for advice before seeking to recover compensation paid for training.

If you have any questions about your training policies or pay practices generally, or any other Labor & Employment issue, please contact your Butzel Labor & Employment Attorney. Additionally, sign up for Butzel’s upcoming Annual Labor, Employment, Benefits and Immigration Law Forum held on October 27 for information on other emerging employment issues.

Brett Miller
313.225.5316
millerbr@butzel.com

Blake Padget
248.258.1305
padget@butzel.com

[1] Diane Bartz, More U.S. companies charging employees for job training if they quit, MSN (Oct. 17, 2022), https://www.msn.com/en-us/news/us/more-us-companies-charging-employees-for-job-training-if-they-quit/ar-AA132ZnF

Related Services

What's Trending

Follow us on social media

Jump to Page

Butzel Long Cookie Preference Center

Your Privacy

When you visit our website, we use cookies on your browser to collect information. The information collected might relate to you, your preferences, or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. For more information about how we use Cookies, please see our Privacy Policy.

Strictly Necessary Cookies

Always Active

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.

Functional Cookies

Always Active

Some functions of the site require remembering user choices, for example your cookie preference, or keyword search highlighting. These do not store any personal information.

Form Submissions

Always Active

When submitting your data, for example on a contact form or event registration, a cookie might be used to monitor the state of your submission across pages.

Performance Cookies

Performance cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.

Powered by Firmseek