212.627.8100Searching for a job is often a time-intensive process. Updating your resume and filling out applications does not guarantee that you will hear back from prospective employers. When a potential employer asks you to come in for an interview, this is a great opportunity to highlight your strengths while also getting a feel for the job environment to see if this is the right fit for you. Some employers have interviewees do what’s known as a test shift (or working interview), which is a hands-on evaluation of a prospective candidate so the employer can assess the interviewee’s skills and performance. For instance, an employer may have you shadow a current employee, perform practical tasks, or set up a work station so that the interviewer can get a sense of the candidate’s skills and abilities. Trial shifts and working interviews are more common in industries like restaurants, dental offices, retail stores, and veterinary clinics.
Candidates who participate in trial shifts often wonder whether they are entitled to receive compensation. Under New York wage and hour laws, applicants and employees who perform productive work that benefits the employer are typically required to be paid for their time. However, these matters can become complex, as calling the arrangement an “interview” or “trial” does not automatically mean that the candidate’s time must be compensated. If you are wondering whether you are entitled to receive trial shift pay in New York, it’s helpful to take a look at how compensable work is typically defined. Partnering with a highly experienced and trusted New York unpaid wages attorney can help you assess your options for recovering the compensation you’re owed for your labor.
What is a Trial Shift or Working Interview?
Many businesses want to know that the employees they hire are able to perform their assigned tasks. For example, a hair salon may have a candidate cut a client’s hair to demonstrate their abilities before the business officially hires them. Or, a prospective line cook may be asked to prepare a few dishes in the kitchen before the restaurant decides to hire them. Under New York labor laws, applicants who perform any work for the prospective employer that benefits the business or company must be compensated. However, there is a difference between a skills test and a trial shift (or working interview), especially when it comes to whether the employer is required to compensate the applicant.
Skills Tests are Not Required to Be Paid
Skills tests are short, controlled tests that use hypothetical scenarios to assess a prospective employee’s skills and abilities. For instance, an employer may have a hairdresser style a mannequin’s hair to demonstrate their skills, even though this test does not benefit the employer in any way. In other words, the employer receives no benefit or commercial output for having the candidate perform a skills test.
Trial Shift Pay in New York
Longer working interviews or trial shifts usually have the candidate perform actual job duties that benefit the business. For instance, a prospective employee may wait tables for a few hours, prepare food, clean dental tools, or perform other tasks that actual employees are compensated for. Under the Fair Labor Standards Act (FLSA) and New York labor laws, employers must compensate candidates for any work that benefits the employer or serves actual customers, even that performed during a trial shift or working interview.
What if the Employer Does Not End Up Hiring You After a Trial Shift?
Any work that you perform for the employer that benefits them, such as cooking, serving, or cleaning, counts as compensable labor in New York. Asking a job applicant to work an unpaid trial shift is against the law, and the employer can face serious penalties for these violations of New York’s wage and hour laws. Even if the employer does not hire the job candidate after the trial shift, they must still compensate the candidate for the productive work they performed during the shift. Moreover, the employer must pay the candidate at least the legal minimum wage for each hour they worked. If you need help recovering unpaid wages in New York for the work you completed during a trial shift, reach out to a highly experienced and dedicated New York employment lawyer to discuss your options today.
How Applicants Can Document an Unpaid Trial Shift
Even if the employer does not end up hiring you, the work you perform during a trial shift is still compensable. Be sure to keep all job-related emails, job posting, and scheduling messages that show how the employer was interested in having you come in for a working interview or trial shift. Record the hours that you worked during the trial shift, and keep a written record of the tasks you performed during the working interview. Identify the managers, supervisors, and other employees who witnessed you performing productive work during your trial shift. If the employer does not compensate you for your time, you can consider raising the issue with them. Should this prove unsuccessful, you can enlist the guidance of a trusted New York employment lawyer to review your options for recovering the wages you rightfully deserve.
FAQs About Trial Shifts and Working Interviews in New York
Are working interviews paid in New York?
Potentially. If an applicant is performing productive work that benefits the employer, New York wage and hour laws generally require compensation. However, if the interview includes a brief skills test that does not benefit the employer, this does not require compensation.
Can a restaurant ask me to work an unpaid test shift?
The restaurant can assess your professional skills, but having you perform ordinary productive work like other employees without compensating you can raise wage and hour issues.
Do I have to be paid if I did a working interview but was not hired?
Not being hired does not automatically take away your right to receive compensation for work that was legally compensable.
Get Started With a Top New York Employment Law Firm Today
If you need help recovering unpaid wages in New York, you need reliable and effective legal guidance to fully understand your rights and maximize your chances of success. At Levy Ratner, we are continually evolving our legal services to meet the demands of the changing workplace, making sure that we have the knowledge and expertise to help our clients achieve their goals. Please reach out to our New York office today by calling (212) 627-8100 to get started with a highly skilled and dedicated employment law attorney.