Someone recently started working at a retail establishment. The first day they shadowed, and then actually worked, on their own, as the business was short handed. The owner of the business informed the new employee they would not be paid for the day because it was training/shadowing. Reaching out to those familiar with NJ labor law. Regardless of whether the new employee "worked" or "trained" during their time at the business, isn't it the law that they must be paid for their time? And it wasn't nothing, it was 5-6 hours of being behind the counter the whole time. TIA
Is this a local chicken joint?
No. A different local retail establishment. I honestly don't know the law. I of course did some online research and came up with some information - but wanted to check with the knowledgeable folks here that might be business owners themselves or work in the field.
if the training is required for the job, person must be paid. Run, don’t walk away from this job. What an awful way to treat a new employee.
conandrob240 said:Run, don’t walk away from this job. What an awful way to treat a new employee.
No. Go back there and do the most horrible job you possibly can. It might be fun. Maybe your lousy customer service will result in another thread here.
Having done some reading, there is a set of circumstances that determines someone to be an intern/trainee and therefore not an employee, so they do not have to be paid. However, the list of conditions that must be met for this to be true is very specific and there is no way the situation I'm talking about would meet all of the items on the list. Not sure if the teen is going to pursue this opportunity, but either way, I should probably send a letter to the business and copy some regulating body or the franchise head office. I don't like the idea of a local establishment taking advantage of local teens and breaking the law while they're at it. Assuming I'm interpreting my research correctly - but if they aren't doing anything wrong, then they shouldn't have anything to worry about.
--- seems I recall, it was a coupl'a years ago. A store was opening up and offered interested parties a two weeks training period. No payment. If at the end of two weeks, it worked out, the trainee would have a job. If not, shake hands and go on separate ways.
It was pointed out on M.O.L., this was a violation of labor laws.
The shop closed after three or four months.
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