HR Question: Is a Working Interview Permitted?

Question: We would like to add a working interview to our selection process. Is this permitted and are there other options to help us finalize our selection?

Answer: Yes, you can have a working interview as part of your selection process, but there’s a big caveat. If you have the candidate do “real work” that is useful to your business, you’ll need to hire them as a temporary employee, have them complete new hire paperwork, pay them at least the minimum wage, and then jump through any termination hoops if you don’t hire them. You can’t lawfully classify them as an independent contractor for this purpose. Here are a few more things keep in mind:

  • It will likely be most convenient for you to write a check to the candidate at the end of the working interview. But if not, make sure they get paid within the time frame required by your state’s final pay laws.
  • If a candidate is injured during the working interview, you may be liable for a workers’ compensation claim.
  • You’ll want to be clear with the candidate that the working interview is not an offer of employment. When the work is completed, give them a timeline for when they can expect to hear back from you.

If you’d prefer to avoid the hassle of hiring candidates as temporary employees, there are alternatives that can yield similar results. Here are two we recommend:

  • Test candidates’ skills by assigning them a task to complete. This task should be something that can be completed quickly and that doesn’t benefit the organization—it shouldn’t be work that needs to get done. For example, you could have them process part of last week’s (redacted) payroll or have them write a particular type of client communication that has already been sent.
  • Allow candidates to observe a current employee doing the job for an extended period. Job shadowing shows candidates what to expect in the role and what sorts of tasks they’d be expected to perform. This will help them gauge their likelihood of success in the role.

This Q&A does not constitute legal advice and does not address state or local law.

This Q&A was provided by Mineral, powering the UST HR Workplace. Have HR questions? Sign your nonprofit up for a FREE 60-day trial here. As a UST member, simply log into your Mineral portal to access live HR certified consultants, 300+ on-demand training courses, an extensive compliance library, and more.

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09/13/24 8:06 AM

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UST maintains a secure site. This means that information we obtain from you in the process of enrolling is protected and cannot be viewed by others. Information about your agency is provided to our various service providers once you enroll in UST for the purpose of providing you with the best possible service. Your information will never be sold or rented to other entities that are not affiliated with UST. Agencies that are actively enrolled in UST are listed for review by other agencies, UST’s sponsors and potential participants, but no information specific to your agency can be reviewed by anyone not affiliated with UST and not otherwise engaged in providing services to you except as required by law or valid legal process.

Your use of this site and the provision of basic information constitute your consent for UST to use the information supplied.

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