Can we delay paying for orientation?

I am with a nurse staffing agency. I am wondering if we are able to have a written agreement with all new hires, that they will get paid for their orientation days, once they complete 4 weeks of work? We have a lot of people that will attend 1 or 2 days of orientation, and then change their mind about proceeding with their contracted assignment.  

Ann Kiernan replies:

No, the wage and hour laws don’t allow you to delay paying for the orientation days. What you could do, however, is have new hires sign an agreement that they will reimburse the agency for the cost of training and orientation if they quit before 4 weeks.  

Posted 01-29-2019

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.


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.