Can an employer base a portion of your performance evaluation on optional company events?

Ann Kiernan replies:

Maybe I’m missing something, but these sound like mandatory events, not optional!

I see that you are in accounts receivable, so I assume that you are an hourly, non-exempt employee. Therefore, if your employer is requiring your attendance at events (which is the case if these events are part of your expected job responsibilities) you should be paid for those events, with overtime pay if those events put you over 40 hours for the week.

Posted 11-14-2018

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About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.