personality tests to screen out unsuitable candidates and screen in ones with
potential. Employers need to understand the legal pitfalls; job seekers need to
understand their legal rights.
This article discusses maintaining and handling
protected data, including how to an internal or third-party breach.
Interns should be are aware of the law and understand what remedies are available should they believe they are being subjected to harassment in the workplace during their internship.
Employees are protected against harassment in the workplace. But what happens if the person subjected to harassment is an unpaid intern, not an “employee”?
What constitutes harassment? How are employers required to respond? What should employees do if they believe they are being harassed? Are unpaid interns protected?
The significantly increased use of social media has changed the way employers and courts have handled noncompete and nonsolicitation agreements.
Employers may require new hires and interns to sign restrictive covenants, such as noncompete, nonsolicitation, and/or nondisclosure agreements. Attorneys George Hlavac and Ed Easterly discuss the issues.
Legal issues and questions around preemployment testing range from when a test is appropriate to how to conduct a test to how an employer can and should use the results.
For the third time since 2014, the OFCCP has reduced the annual Vietnam Era Veterans’ Readjustment Assistance Act hiring benchmark.
The USCIS issued a new rule in November that impacts the H-1B visa program. Included in the new rule are two notable changes.
Two immigration attorneys review how the new STEM OPT rule impacts international students and employers.
This article provides guidelines for those writing reference letters, including questions to consider and legal and liability issues.
In June 2016, the U.S. Supreme Court upheld the affirmative action admissions plan at the University of Texas. Attorney Ed Easterly looks at what Fisher v. University of Texas means for affirmative action.
In a 4-3 decision, the U.S. Supreme Court upheld the affirmative action admissions plan at University of Texas. The case, Fisher v. University of Texas at Austin, revolved around race in the admissions process. The University of Texas system provides for race to be considered as one factor in admissions.
The OFCCP has made revisions to its Functional Affirmative Action Program directive. The updated directive received approval from the Office of Management and Budget, and went into effect in late April 2016.
The legalization of recreational and/or medical marijuana in many states raises a series of issues for employers and employees alike. How are drug testing policies affected? Must employers accommodate use of marijuana for medical purposes? What does legalization mean for federal contractors?
International students have to approach internships with caution. Whether an international student in F-1 or J-1 status requires work authorization is not governed by whether the student is paid. An international student may need proper F-1 or J-1 work authorization even for unpaid work. Only if the work is properly “volunteer” unpaid work under DOL rules can the international student perform the work without proper work authorization.
The key for reference providers is to know what information should and can be disclosed, and what legal ramifications arise as a result of improper disclosures.
On July 2, the U.S. Court of Appeals for the Second Circuit vacated a lower court decision that Fox Searchlight Pictures had improperly classified former workers as unpaid interns rather than employees, calling the U.S. Department of Labor’s standards out of date and “too rigid for our precedent to withstand.”
FERPA was enacted to protect the privacy of students and their parents. It is designed to ensure that students and their parents can access the student’s education records and challenge the content or release of such records to third parties. This article summarizes the key points of FERPA, notes the 2008 and 2011 changes to the act, and highlights how career services practitioners can ensure their institutions and offices are in compliance.
Although some recommend a student or new graduate volunteer to work unpaid to gain experience, it is illegal for-profit organizations to have “volunteers” perform work.
Recent court decisions and lawsuits make it prudent for employers and career services alike to understand the legal issues surrounding internships.
Can a career center prescreen candidates for an employer? Can a faculty member prescreen candidates for an employer? If the career center or faculty prescreen candidates they are acting as an employment agency, and the relevant laws that apply to an agency would apply to the center or faculty member.
Equal employment opportunity and nondiscrimination are an important part of the recruiting and hiring process. Career services practitioners and university relations and recruiting professionals should be aware of recent legislative changes to established laws.
Employers are not required to interview an international student who has an F-1 or J-1 visa, even if the student is otherwise qualified for the job. Although employers can refuse to interview or hire international students who do not already have some form of permanent work authorization, most cannot stipulate that U.S. citizenship is a job requirement.
Before posting job descriptions and opportunities, career services staff should be aware that there could be legal problems lurking in some of the job requirements. To avoid those problems, all postings should be reviewed thoroughly.
The Affordable Care Act (ACA), or Obamacare, will have a significant impact on individuals entering the work force as well as employers. The ACA is a set of health insurance reforms intended to make healthcare more accessible to Americans.
“When did you graduate from high school?” “Do you have any children?” “Have you ever been arrested?” These questions all seem innocuous. However, the issue is who is asking the question, where are the questions being asked, and why. If these questions are asked during the interview process to a potential applicant, an employer may end up in legal hot water.
In today’s marketplace, college students may be offered a wide variety of employment opportunities. The following information should help career services professionals advise their students on the nature of these opportunities.
The Higher Education Act (HEOA) requires every institution of higher education in the United States that receives federal funding to disclose information on, among other things, college costs, graduation data and other consumer information, emergency procedures, and fire safety reports.
Employers use background checks to determine if an individual is suitable for a position within the organization. Recently, however, employers have been running into significant roadblocks in the use and application of background checks, and some are now being challenged in the courts for conducting background checks on potential applicants.
What materials on the Internet are copyrighted and can you repost them? This article discusses copyright online and issues surrounding it.
Employers need to know how to determine if an international student will require visa sponsorship—and career services professionals also should be aware of this process so that they can effectively advise these students.