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  • Legal Issues

    1. Marijuana in the Recruiting and Hiring Process

      Given the complexity and variety of laws, it is not surprising that employers, applicants, and career services professionals alike are confused about what is and isn’t legal in the case of marijuana—medical and recreational. This article addresses marijuana use as it pertains to some of the most pressing questions surrounding recruiting and hiring.

    2. Coronavirus-related Legal Questions

      Attorney Edward Easterly addresses some of the key legal questions that have arisen in regard to the coronavirus pandemic for career services, employers, and new college graduates and interns.

    3. Avoiding the Potential Pitfalls of the Hiring Process

      Attorneys George Hlavac and Edward Easterly discuss potential pitfalls in the application and interview for applicants and employers.

    4. Judge Upholds Harvard's Admissions Process

      A Massachusetts U.S. District Court judge has ruled that Harvard University’s admissions process does not discriminate against Asian-American applicants.

    5. Unpaid Internships for International Students: Risky Business

      Unpaid internships can put international students at risk of violating their immigration status.

    6. Diversity in Higher Education: The Impact of the Harvard Bias Suit

      Affirmative action programs in educational institutions once again have come to the forefront, this time with Harvard University being accused of discrimination. The issues in such a case are complex, but the decision may have a ripple effect for other educational institutions and the policies they have adopted.

    7. OFCCP Offers Section 503 Focused Review Guidance

      The Office of Federal Contract Compliance Programs (OFCCP) recently made further guidance about its Section 503 focused reviews available.

    8. Preemployment Personality Tests

      Employers use 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.

    9. Handling a Data Breach by a Third-Party Vendor

      When a data breach comes from a third-party vendor, both the vendor and the party that provided the initial information may be subject to potential liability.

    10. Maintaining and Handling Protected Data

      This article discusses maintaining and handling protected data, including how to an internal or third-party breach.

    11. Interns and Harassment

      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.

    12. Harassment in the Workplace: The Intern Conundrum

      Employees are protected against harassment in the workplace. But what happens if the person subjected to harassment is an unpaid intern, not an “employee”?

    13. Harassment in the Workplace: What Employers, Employees, and Interns Need to Know

      What constitutes harassment? How are employers required to respond? What should employees do if they believe they are being harassed? Are unpaid interns protected?

    14. Social Media and Noncompete, Nonsolicitation Agreements

      The significantly increased use of social media has changed the way employers and courts have handled noncompete and nonsolicitation agreements.

    15. Restrictive Covenants: Noncompete, Nonsolicitation, Nondisclosure 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.

    16. Legal Issues: Preemployment Testing

      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.

    17. OFCCP Reduces Veteran Hiring Benchmark

      For the third time since 2014, the OFCCP has reduced the annual Vietnam Era Veterans’ Readjustment Assistance Act hiring benchmark.

    18. USCIS Makes Notable Changes to H-1B Visa Rules

      The USCIS issued a new rule in November that impacts the H-1B visa program. Included in the new rule are two notable changes.

    19. Legal Issues: The STEM OPT Rule Impact

      Two immigration attorneys review how the new STEM OPT rule impacts international students and employers.

    20. How to Write a Reference Letter

      This article provides guidelines for those writing reference letters, including questions to consider and legal and liability issues.

    21. Diversity Recruiting: How Does Fisher Impact Affirmative Action in Employment?

      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.

    22. U.S. Supreme Court Upholds University of Texas Admissions Plan

      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.

    23. OFCCP’s Revised Functional Affirmative Action Program Directive Goes Into Effect

      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.

    24. Legal Issues: Marijuana in the Workplace

      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?

    25. Legal Issues: References

      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.

    26. Appeals Court Vacates Ruling in Unpaid Internship Case

      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.”

    27. FERPA Primer: The Basics and Beyond

      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.

    28. Legal Q&A: Can a student or new graduate volunteer to work unpaid for an employer to gain experience?

      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.

    29. Legal Issues: Internships

      Recent court decisions and lawsuits make it prudent for employers and career services alike to understand the legal issues surrounding internships.

    30. Legal Q&A: Can a career center prescreen candidates for an employer? Can faculty prescreen for an employer?

      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.

    31. Legal Issues: Diversity Recruiting

      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.

    32. Legal Q&A: Are employers required to interview international students?

      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.

    33. Legal Issues: Job Postings

      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.

    34. Legal Issues: The Affordable Care Act: What Employers, New Hires, and Interns Need to Know

      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.

    35. Relationships Between Workers and Hiring Organizations

      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.

    36. Legislative Issues: Higher Education Act (HEA) Reauthorization

      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.

    37. Legal Issues: Background Checks

      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.

    38. Legal Issues: Understanding Copyright Laws And the Impact of the Digital Age

      What materials on the Internet are copyrighted and can you repost them? This article discusses copyright online and issues surrounding it.

    39. Legal Issues: Interviewing and Hiring International Students

      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.