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It is legal for a prospective employee to demand this?
My brother went for an interview at a cafe today. During the interview process, he was told that not only would he not be allowed to keep his tips, but that, as part of an "extended interview," he would have to work two full shifts for free. IF he performed well enough during those free days, he MIGHT be hired. No guarantees, of course.
When my brother,having already decided there was no way he was taking this job, questioned this, the interviewer became defensive and said that of course the cafe wouldn't be doing anything illegal and that all of their current waiters had gone through this process.
I'm just curious--was this legal? My brother claimed he looked it up and found that it wasn't, at least not in the state of Utah, but I'm not convinced that five minutes on the Internet really answered the question. Anyone know?
There was no mention of training. The interviewer specifically used the phrase "work two shifts for free." There was also no mention of sharing or pooling the tips. I asked my brother, and he said the woman interviewing him said, and I quote, "You won't get to keep your tips."
And yes, he's reporting them. I was just curious if this was legal.
5 Answers
- Jim SLv 78 years agoFavorite Answer
They have to pay AT LEAST the Utah minimum wage of $7.25/hour for all his time there. This would include the tip income. No "Free Shifts".
FLSA States (not California, for example), allow tip pooling, where all the tips are collected by the employer, monies used to make up the difference between the base rate (currently $2.13) and the minimum wage for all employees that traditionally receive tips (not the dishwasher kid), and the excess of the tip pool distributed by all employees in that same pool. The employer cannot keep any of the tips.
www.dol.gov/whd/regs/compliance/whdfs15.pdf
- BarkleyLv 58 years ago
A prospective employer and a job applicant have no contractual relationship. Either can ask/demand something from the other and no one is breaking any laws. One can always say No or walk away.
As for working for free, perhaps they meant Training. Sometimes training is paid or not paid. The important thing is that this be made clear before any work is performed. For labor laws in Utah, call the Employment Department or Labor Commission in your city.
- Anonymous8 years ago
I strongly suggest you check in to this federal labor laws: http://www.dol.gov/ .
You can use the contact us link.
And in Utah as well: http://www.bing.com/search?q=employee%20labor%20la...
There is a whole list of sites covering labor laws in Utah.
It does sound like he is trying to get cheap labor because he knows!
If someone wants a job bad enough!
They will accept whatever a mgr./HR will tell them.
If you do find what you are looking for!
Have him file a complaint with either the state of Utah/the DOL.gov.
The train has to stop somewhere/sometime!
- ?Lv 78 years ago
NOT in USA - simple.
interviewer is scamming him.
visit USA labor board for info.
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- Anonymous8 years ago
yes it is legal.
