Legal Question in Employment Law in New York

unpaid working interview

Is it legal to make potential employees submit to a two hour unpaid ''working interview'' before hiring? It has become the policy of a local employer to do so. During the two hour period, one is expected to answer the phone, provide customer service, complete paperwork and accept payment for services offered by the employer. In other words, the individual is actually working for two hours, but there is no promise of employment with the company and no compensation for the time or talent the individual provides.


Asked on 1/12/04, 2:28 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: unpaid working interview

This is very borderline. I suppose the issue is whether the service is a bonafide interview or illusory. Does anyone get hired after rendering services? or does the employer use this method as a way to get no-cost temping.

If you have been harmed by this practice you may want to consider contacting the Department of Labor or your local state employment enforcement agency.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 1/12/04, 3:41 pm


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