Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

working interview

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • working interview

    Hello,

    (Profile still lists me in Oregon, this is in California)

    So I am a retail manager looking to do some hiring in the near future. I had a peer recently mention working interviews. His last step to bringing someone on. I was curious about the legality of such a practice?

    A quick search online found many mentions of working interviews in the dental field however I couldn't find anything about retail. He is clear upfront that the interview is A) not a guarantee of employment and B) not paid.
    He doesn't keep them long (maybe 15-20 minutes) and simply observes them on the sales floor interacting with customers. There is no other work bring done such a stocking, cashiering, etc.

    Thoughts? Please ask for additional clarification if needed.
    Last edited by Mimalito; 07-05-2014, 10:51 AM.

  • #2
    Pay them for time worked at minimum wage. Make it sure BEFORE the work is done that the employee is told (and yes, they are employees) will be paid at minimum wage for the working interview".

    http://californiaemploymentlawonline...job-interview/

    http://napavalleyregister.com/busine...9bb2963f4.html

    http://www.jdsupra.com/legalnews/are...s-legal-91412/
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      Thanks as always for the info. I assumed it was a questionable practice. I guess I'll just have to go off my impressions during a standard interview. I do not have the ability to hire and pay someone for 15 minutes of observation. Intake/onboarding easily takes 1 hour and while we are an at will employer letting people go is much easier said then done.

      Comment


      • #4
        One other point. CA uses a different "hours worked" standard then the federal (FLSA) standard. This practice is "iffy" (at best) at the federal level. It is stone cold not allowed in CA.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          While you have to pay for time spent actually working, you can do simulated customer service scenarios/role playing as part of the interview. That does not need to be paid.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

          Comment


          • #6
            Agreed. Also time filling out forms generally is not hours worked.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment


            • #7
              The process of putting somebody on the payroll for a even an hour could be a royal can of worms ..why go there...I like the idea of simulated work situations as part of the interview far better ..and in theory one could control and standardize the simulations far better than an open work situation.

              Comment

              The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
              Working...
              X