Companies are increasingly asking potential candidates to perform tasks without compensation during the interview process. These tasks may include preparing a presentation, data analysis, drafting content, or working on-site (often referred to as “working interviews”), and can sometimes involve 2-4 hours of work. You may be wondering: “Can companies in Massachusetts really ask interviewees to perform this unpaid work?”
The Department of Labor has issued some guidance requiring candidates to be paid in these circumstances, as the Fair Labor Standards Act broadly defines “employ” as “to suffer or permit to work.” A company can “employ” someone without hiring them, so long as they are requiring the person to do work for them. In 2018, the DOL fined a dental practice for “violating the federal minimum wage requirements by requiring candidates for hire to perform a working interview to conclude their application but failed to pay the individuals for those hours worked.”
A mass.gov site entitled “Massachusetts law about hiring employees” states that “generally, a candidate should be paid at least minimum wage for a working interview”. This means that, in Massachusetts, if the work required as part of the interview process benefits the company in some way or the services would ordinarily be performed by an employee, the company is typically required to pay the candidate at least minimum wage for their work.
If you have questions about whether you should have been compensated for the work that you performed during an interview process, please contact us. You can also call 617-936-1580, or email us [email protected].
The Not-So-Fine Print:
Every case has its own unique facts. Before you take any action, you should contact an employment lawyer and get advice on your own situation. We can’t provide legal advice here and this isn’t intended as legal advice. It is best, if possible, to establish a relationship with an attorney before a workplace issue turns into a crisis.