What you need to know about work assignments during the interview process

As a recruiter, you’re always looking for ways to assess candidates effectively. Recently, I have heard from candidates about extensive work assignments being handed out as part of the interview process. In one egregious example, a candidate was not given the job but found out later that the strategy and pitch she provided were implemented by the company that assigned her the work during the interview process.

The increasingly common practice of assigning unpaid work during interviews comes with significant legal and ethical risks. Firstly, unpaid working interviews are generally illegal in the U.S. The Department of Labor requires compensation for any work performed, even during interviews. This means you could be exposing your company to potential lawsuits and labor violations.

Second, unpaid assignments can disproportionately affect candidates from marginalized backgrounds, potentially reducing the diversity of your talent pool. This practice may inadvertently screen out qualified candidates who can’t afford to work for free.

Lastly, there are ethical concerns about intellectual property rights when candidates produce work without compensation.

To protect your company and ensure fair hiring practices:

1) Keep interview-related work assignments brief (1-2 hours max) and make them generic or unrelated to your company to guard against potential intellectual property issues.

2) Ensure the assignment is relevant to the work. For example, don’t require an essay for a role that doesn’t require regular writing.

3) Consider compensating candidates at a fair rate when asking for extensive work (over 1-2 hours).

4) Consider accepting portfolio samples instead of new work.

5) Communicate expectations and evaluation criteria clearly. For example, say, “Don’t spend too much time on this. We are simply looking for style or substance.”

Some good examples of “de minimis” work assignments are:

For an executive assistant role: Write a thank you note to a donor on behalf of the CEO.

For a training role: Give a 10-minute “how to” presentation on making a sandwich. Don’t spend more than one hour creating the presentation.

For an editor or quality assurance role: Edit a short manuscript or article.

Remember, the assignment should be used to bolster your interview and selection process. It should never be a way to gather new strategies or ideas to implement later.

Candidates: I would love to hear about your experiences with work assignments during the interview process. And watch this space for some tips on how to handle these types of requests.