Cover story · Your rights
Is an unpaid “working interview” legal in the US?
A “working interview” sounds harmless. But under federal wage law, if you do the real job, the hours usually count, whatever the employer calls them.
- Federal law defines “employ” as “to suffer or permit to work”. The FLSA has no exception for trial shifts.
- A Tennessee dental practice paid $50,000 in back wages and damages in 2018 after a DOL case that included unpaid working interviews.
- California allows unpaid “try-out time” only as a short skills test that gives the business nothing it can use.