Pre-Employment Testing and Compensability

[MeliMoore]

Good Morning former AHI'ers!

I am stuck on an FLSA issue and am hoping that someone can assist me in clarifying this. I work in the staffing industry. One of our clients requires a stringent testing process for qualified welders. The welding test is quite comprehensive and lasts for 8 hours. During this time they are not performing any work for the benefit of the employer. In fact, the testing facility is at a local technical college rather than performed at the work site.
Employment offers are conditional upon successful completion of the welding skills test. Does this testing time need to be compensated?

Thank you in advance! I hope you are all doing well.

 

[Betty3]

If they aren't doing any work for the employer/to benefit the employer, I don't see where it would have to be compensated. It's not like they were hired & doing training which included work for the employer.

You can hold for other replies.

 

[MeliMoore]

Thanks for the reply, Betty. The client (employer) would also like to compensate the candidates who have passed the testing for the time they spent. They do not want to compensate candidates who have not passed, only the ones that did pass and have accepted an offer of employment. Do you see any potential issues with compensating one and not the other, Betty?

 

[disagreeable]

Perhaps they need to offer a hiring bonus instead.

 

[Betty3]

I don't see where/suppose it would be illegal but I'm not sure it is a good idea when those not hired also did the testing/took their time to do the testing. A sign on bonus would be a better idea in my opinion.

 

[MeliMoore]

Hiring bonus would definitely make more sense in this scenario. Thank you for the suggestion, Disagreeable and Betty.