Can an employer require applicants to perform actual work to demonstrate their skills and experience?

A company cannot require applicants to perform actual work that benefits the company without paying the applicant for the work. Any demonstration of skills should be done on a”mock-up” basis on non-live data and the work cannot be used to benefit the employer. Role-playing interviews are fairly common and are legal. You cannot use applicants to perform real work for no pay.


Hope that helps you out. =)



A note about HR laws:
Laws concerning employee treatment, benefits, hiring and firing…etc are multi-level. What this means is that there are Federal laws, state laws and sometimes local regulations that have jurisdiction over an employee. The information presented here should not be considered legal advice. Ultimately, employers with serious legal questions should consult local attorneys with expertise in worker relations.
The questions and answers presented here are based on research and data from internet sources and should not be considered the final word.

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