
Sometimes a working interview is a necessity, for example in the Dentistry, Food Service and EMS industries, but for the majority of businesses, working interviews are not necessary and therefore should be considered compensable time, especially if the work produced directly benefits the company during the “working interview.”
What can companies do?
If a company absolutely needs to confirm an applicant’s skill level and “fit” within the organization, below are some ideas of how to go about that:
• Ask applicants to perform/complete made up duties:
o Rather than having a sous chef prepare a meal to be sold to consumers, have them prepare one for display purposes only. This way the product they make does not benefit the restaurant monetarily.
• Compensate the applicants for the time they spend in the “working interview”:
o Doing this dismisses the wage and hour risk of non-compensable interviews.
o Employers simply could pay the applicant the current minimum wage for the time spent on the “working interview”.
• Consider a Probationary Period for Applicants
o Like the compensation method, this is a longer-term option.
o If a company needs to see if an applicant is a fit, but will take a longer period of time to do so, the company could “hire” the applicant on a probationary period and compensate them at the current minimum wage.
o At the end of the probationary period, the company can then take stock of the applicant’s performance and decide on whether to keep the applicant or move on.
• Consider working in conjunction with local colleges or vocational institutions
o Many institutions offer skills training that employers can tap into to assist in the evaluation process.
o The assessments offered often provide more information to companies than what could be ascertained through the normal interview process.
The biggest roadblock for employers is to stay away from wage and hour compliance issues that could arise during working interviews. If it can be shown that the working interview is somehow generating income for the company and the applicant is not properly compensated for their time during the process, there could be exposure for the company.
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