News & Resources

Firm News

Marian M. Zapata-Rossa quoted in article “Ask the Experts: Should job applicants get paid for working during an interview?”

The Arizona Republic

Below is an excerpt:

Yes, you should be paid under the circumstances you describe, which amounts to what is referred to as a “working interview.”

Under Arizona law, employees must be paid only when they render labor or services for which they have a reasonable expectation to be paid. Federal law, however, requires employers to pay any individual who they “employ.” Federal law defines the term “employ” broadly, to mean simply allowing or permitting someone to work. Given this broad definition, even a pre-offer working interview, such as the one you describe, is considered to be work and must be compensated.

While working interviews may provide an opportunity for employers to assess an applicant’s on-the-job skills, working interviews generally present many legal issues for employers. The time spent performing work must be paid at least at the minimum wage. The law prohibits employers from requesting applicants to waive their rights to receive this compensation.


Resources