Interviewing Samples Violation of the FLSA?
Just a reminder to #employers and hiring managers, if you are asking candidates to provide work product and such work product is in the position to be economically beneficial to the company, stop it. Then call your experienced employment counsel before proceeding.
You may be drifting into compensable wages territory. As more and more organizations are making requests that resemble work product from candidates that looks more like consulting than interviewing, I am anticipating more wage claims to pop up.
In the past, the time spent was so small that I imagine the juice was not worth the squeeze for the candidate, but as we are entering into hours worth of work product that the employer is not compensating for…I am expecting an increase into these types of FLSA claims.
Please contact me if you have questions about labor law or training.