CHARLOTTE, N.C. — For people looking for a job a right now, it can be easy to feel desperate and willing to do anything to get your foot in the door. But there are some job postings online that might be illegal by preying on people's desperation.
A now-viral post online offers future employees an opportunity to work what they're calling an "unpaid trial shift." The post says this five-hour shift is unpaid and gives the company a chance to assess whether the candidate is fit for the job. But is it legal?
THE QUESTION
Is a trial shift that requires you to work an entire shift for free legal in North Carolina?
OUR SOURCES
THE ANSWER
No, a trial shift that requires you to work an entire shift for free is not legal.
WHAT WE FOUND
Gessner said this plain and simple.
"There's no such thing as free labor," Gessner said.
Under the Fair Labor and Standards Act, which is a federal law, all employees must be paid at least a minimum wage of $7.25 per hour.
"And even when the Fair Labor Standards Act does not apply on rare occasions, the North Carolina Wage and Hour Act also would require employees to be paid at least the state minimum wage, which is also $7.25," Gessner said.
Gessner said it's important for job candidates to stick up for themselves in situations like these.
"If you want the job, you can raise the issue with the employer and say, 'Look, I'm interested in coming and working. However, the law requires that I be paid for that time,'" Gessner said.
If that doesn't work, Gessner said you can also contact the North Carolina Department of Labor to file a complaint.
"They have a duty to investigate or hire a lawyer," Gessner said. "Again, $50 for a five-hour shift, that adds up."
Mauney and Gesnner both said in rare occasions, there could be an exception to this rule.
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"If it's truly a trial run to see whether someone can perform the job, let's say specialties like a juggler or cake decorator," Mauney said. "So long as they're not putting the person to work, and it passes what I would call the 'eye test,' does this look like a trial? Or does this look like real work and they want it for free?"
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