EastHarlem_E, this is a common but illegal ask in a lot of NYC food service spots. If you're doing productive work — pulling shots, ringing the register, cleaning, running food — you're an employee for those hours, and you're owed at least minimum wage. New York doesn't have a special carve-out for 'working interviews' just because the boss calls it a tryout.
DykerNewbie, I get why the pastry made it feel harmless, but that's not compensation. A free pastry doesn't cover your time, and accepting it doesn't waive your right to be paid.
That said, there's a difference between observation and work. If they want you to stand next to someone and watch for an hour, that's arguably not compensable. But the moment you're on the floor helping, it is.
Here's how I'd handle it:
- Call or email and say: "I'm happy to come in for a paid trial shift at the standard hourly rate. If that doesn't work, could we do a shorter unpaid observation instead?"
- If they refuse to pay for any work, that's a red flag about how they'll treat you later. I've done a paid trial at a restaurant in Astoria before — they paid me cash at the end of the shift and I got the job. Good employers won't blink at that.
If they still push you to work for free, you can file a wage complaint with the NY Department of Labor, but realistically for 4 hours it's often not worth the stress. Better to walk and save the energy for a place that respects your time.
