Can a restaurant require my minor daughter to work an unpaid 5-hour shift before deciding whether they want to hire her?

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Can a restaurant require my minor daughter to work an unpaid 5-hour shift before deciding whether they want to hire her?

Asked on November 30, 2012 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, hourly employees must be paid for all hours worked; there are no unpaid "auditions" for work. The restaurant could obviously have your daughter work an initial 5-hour shift then fire her right after it, if it thought she did not work out--but she should be paid for those 5 hours.


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