Is An Employer Required to Pay for Current Employees to be RBS Trained and Certified?

Employer Responsibilities for RBS Training Costs: What You Need to Know

As businesses continue to navigate the complexities of California’s Responsible Beverage Service (RBS) training requirements, one common question arises: Are employers required to pay for their employee’s RBS training and certification? This matter can have significant implications for both employers and employees. Here’s what you need to know.

Understanding RBS Training Requirements

Under California’s AB 1221, alcohol servers are required to complete RBS training and obtain certification to make sure they are equipped to serve alcohol responsibly. This training is crucial for compliance with state regulations and maintaining the standards of responsible alcohol service.

Employer Responsibility for Training Costs

The Department of Alcoholic Beverage Control (ABC) does not advise specific guidance on whether or not employers must cover the costs associated with RBS training and certification. 

1. Training as Mandatory: RBS training is mandatory for employees who serve alcohol, per AB 1221. The time spent on this training could be considered hours worked, especially since it is directly related to their job responsibilities. This can still be considered even if the training is completed outside normal working hours or away from the workplace.
2. Legal Consultations Recommended: Given the complexities surrounding California’s employer obligations, it is recommended that both employers and employees consult with labor attorneys who specialize in employment law in California. Specifically, the Federal Fair Labor Standards Act (FLSA). Similar California laws may offer protections or stipulations regarding the payment for mandatory training.
3. Employee Costs: In some cases, California laws may require employees to bear the costs associated with mandatory training. However, this can vary based on specific circumstances and is subject to interpretation by courts or employment departments.

Resources and Further Information

• Refer to Labor and Workforce Agency website
• Consult Labor Commissioner’s Office website

Employers and employees at on-premises licensed establishments should seek legal advice to understand their rights and responsibilities regarding RBS training costs.