We hire sub contractors and give them a 2 hour training. Are we required to pay them for the training?
A: Assuming that they are really sub-contractors and not employees, you are authorized to require them to be trained in order to get other work. However, the distinction between sub-contractors and employees is a tricky one, and I find that my clients sometimes think that they can treat someone as a sub-contractor when in fact that person is an employee. If the person is an employee for legal purposes (even if you call them a sub-contractor), then you will be required to follow the law regarding paying employees for work–including probably the requirement to pay minimum wage for their two hours of training.
* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.
Gunderson, Denton & Peterson, P.C.
1930 N Arboleda #201
Mesa, AZ 85213
Answered by Brad Denton – Arizona Employment Lawyer
Re-posted from AVVO Legal Questions & Answers.