Are "working interviews" really working?

Even during extreme labor shortages, some companies are going through excruciating levels to hire talent. The concept of 'working interviews' is one such example. 

The point of "working interviews" is to let employers see prospective employees in action, demonstrating their skills instead of describing them. One candidate looking for employment said that they applied for a job and for the next two months went through seven rounds of interviews, after which they were asked to complete an assignment of four different hypothetical scenarios. The candidate was paid $500 a week for this while the job listing was still open and hiring on the job site. Initially, candidates believed that the employers kept stringing them along because they didn't know what they were looking for but this sentiment has changed now. On the contrary, jobseekers believe employers know exactly what they want; someone they can get work out of without having to go through the hassle of hiring, onboarding, and paying benefits and payroll tax. 

Declan Leonard, a partner at the business law firm Berenzweig Leonard says, working interviews are legal as long as the participants are getting paid and the pay is equal to or greater than minimum wage. Having said that, Leonard warns that you cannot get away with it on a prolonged basis, especially if the applicant ends up performing more or less the same amount of work as a full-time employee. This could violate Labor Department rules. Moreover working interviews can undermine the employer, as mentioned earlier, having to give multiple interviews and completing tasks with no clear agenda makes the employees seem indecisive. It could also put the employer's confidential information at risk because unless the applicant has signed some sort of NDA, they have no obligation to protect any confidential information they might come across during the interview process. 

Source: The Washington Post