Should Required Testing Be Paid Time? The Hidden Workload of Modern Employees

We often think of “work” as what happens between 9 and 5, but what about the hours spent studying, testing, or renewing certifications your employer requires? In today’s workplace, more employees are being asked to complete mandatory exams or training outside of regular work hours, raising a crucial question: should that time be compensated under the Fair Labor Standards Act (FLSA)?

When Learning Becomes Labor

Before diving in, let’s quickly revisit what the FLSA covers.

The Fair Labor Standards Act (FLSA) is a federal law that sets national standards for minimum wage, overtime pay, recordkeeping, and youth employment for most employees in the private sector as well as in federal, state, and local governments. In short, it ensures workers are fairly paid for the time they spend performing work-related duties.

The FLSA defines “hours worked” broadly, it can include time an employee is required to be on duty, on the employer’s premises, or engaged in job-related activities. While voluntary learning or self-paced education isn’t counted as paid time, the picture changes when training or testing becomes mandatory for employment or promotion.

Consider these examples:

• A healthcare professional must renew their BLS or CPR certification to remain qualified.
• An employee in a regulated field must complete a compliance test by a specific deadline.
  
• A worker seeking advancement must pass a required promotional exam outside of regular hours.
  

In each of these scenarios, the activity isn’t optional, it’s a condition of employment. That’s where the line between personal development and compensable work starts to blur.

Fairness, Family, and Work-Life Balance

For many employees, required testing doesn’t just mean giving up personal time, it can mean arranging childcare, shifting caregiver responsibilities, or sacrificing rest. For working parents and those caring for family members, these requirements create challenges that go far beyond inconvenience.

With the rising cost of childcare and the ongoing struggle to maintain work-life balance, expecting employees to complete mandatory tasks after hours can add unnecessary stress and inequity.

If employees are expected to complete job-related requirements outside their normal work schedule, shouldn’t that time count as work, especially when it’s necessary to keep their job, maintain a license, or qualify for advancement?

Optional vs. Mandatory: The FLSA Divide

According to U.S. Department of Labor guidance, time spent in training or education is generally not considered hours worked (and therefore unpaid) only if all of the following are true:

1. Attendance is voluntary,
   
2. The activity takes place outside normal working hours,
   
3. The training or test is not directly related to the employee’s current job, and
   
4. The employee does not perform productive work during the session.
   

If any of these factors are not met, for example, if the test or certification is required to keep the job, qualify for advancement, or maintain a license, the time may count as compensable work under the FLSA, even if the employee isn’t producing output for the employer during that time.

In other words, even if an employee isn’t performing their regular job tasks, the time spent on a mandatory test or certification could still be compensable because it’s tied to the terms of their employment.

(Source: U.S. Department of Labor, Wage and Hour Division – Fact Sheet #22: Hours Worked Under the FLSA)

The Bigger Picture

This discussion goes beyond compliance, it’s about fairness, accessibility, and respect for employees’ time. Organizations that want to attract and retain top talent should consider how mandatory training and testing policies affect their workforce.

If testing or certification is required, offering paid time, flexible scheduling, or even small stipends shows appreciation for employees’ effort and acknowledges that learning is labor too.

Final Thought

As workplaces evolve and more employers move testing and training outside traditional hours, it’s time to ask: “If it’s required to keep my job, isn’t it part of my job?”

With work-life balance and childcare costs weighing heavily on today’s workforce, this question deserves thoughtful consideration.

Have you ever been required to complete a test or training on your own time? Should that time be compensated?

Disclaimer

This post is for educational purposes only and does not constitute legal advice. For guidance specific to your workplace or situation, consult an employment attorney or the U.S. Department of Labor.