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Job Interview Requires Work with No Pay-Legal? New York

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  • Job Interview Requires Work with No Pay-Legal? New York

    On a job interview to be a bartender, the applicant worked behind the bar for 4 hours, serving customers, taking money and charge cards and was not allowed to keep the tips. At the end of the 4 hours, the applicant was told that she would not be hired. She was not paid for any of the time worked on behalf of the bar. Is this legal?

  • #2
    I'm saying no. This is nothing more than an underhanded way to get free labor. Part of the job "interview"? Nope, not buying it.

    In all such cases it is the duty of the management to exercise its
    control and see that the work is not performed if it does not want it to
    be performed. It cannot sit back and accept the benefits without
    compensating for them
    .
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.13.htm

    The individual must be paid at least the full minimum wage for that 4 hours.
    Last edited by Pattymd; 11-27-2007, 02:02 PM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      And now...to get paid!

      Thank you for the incredibly quick response. On to the next step---getting paid!

      Comment


      • #4
        You're welcome. I just happened to be here when you posted.

        I guess it's either show that FLSA regulation to the company and see what they say, or bypass them altogether and file a claim for unpaid wages with the state Dept. of Labor.

        Good luck.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Patty, wouldn't the tips then also be theirs?

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          • #6
            Theoretically, yes, if the amount can be determined; however, in that case, the worker could be paid the sub-minimum wage for directly-tipped employees if the amount would make up the difference.

            Practically speaking, though, I wouldn't be surprised if the tips went directly into a tip jar and the worker didn't have any idea how much.

            OP, would you ask your friend that question and post back?

            Thanks,
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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