Recruitment and Hiring
Labor and Employment | HiringWe advise on compliant recruiting and hiring practices including job postings, background checks, interviewing, offer letters, and onboarding to minimize discrimination and misclassification risks.
Overview
Building Compliant Hiring Processes
The employment relationship begins with hiring. MC Law's Recruitment and Hiring practice helps employers develop compliant recruiting and selection processes that minimize legal exposure.
Job Postings and Advertisements
Job postings create legal exposure. We advise on compliant job descriptions, lawful qualification requirements, and proper advertising. We address pay transparency requirements in various jurisdictions.
Background Checks Background screening involves significant regulation. We advise on FCRA compliance, ban-the-box laws, state background check restrictions, and proper authorization and disclosure. We develop compliant background check programs. Interviewing Interview practices affect hiring decisions. We train interviewers on lawful questioning, develop interview guides, and advise on compliant selection criteria. We help employers avoid discrimination in interviews. Pre-Employment Testing Testing must be job-related and consistent. We advise on drug testing, skills testing, personality assessments, and physical examinations. We ensure testing programs comply with ADA and other requirements. Offer Letters Offers establish employment terms. We draft offer letters that establish clear terms while preserving employer flexibility. We address contingencies, at-will status, and key provisions. Onboarding New hire processes create obligations. We advise on I-9 compliance, new hire reporting, policy acknowledgments, and benefit enrollment. We develop onboarding procedures that ensure compliance.Our Services
labor_and_employment
Federal registration and validity opinions
discrimination
Federal registration and validity opinions
immigration
Federal registration and validity opinions
policies_and_procedures
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
Avoid questions about age, marital status, pregnancy, disability, religion, national origin, genetic information, and other protected characteristics. Focus questions on job-related qualifications, experience, and ability to perform essential functions.
The Fair Credit Reporting Act requires written consent, pre-adverse action notice with a copy of the report, and adverse action notice. Many states and localities have ban-the-box laws restricting when criminal history can be considered and additional requirements for background screening.
Properly analyze whether a role should be classified as employee versus independent contractor and exempt versus non-exempt using applicable legal tests. Document the analysis and review classifications periodically as job duties evolve.
Offer letters should state the position, start date, compensation, benefits eligibility, at-will status, reporting structure, and any contingencies such as background checks. Avoid language that could create implied contractual commitments beyond at-will employment.
A growing number of states and localities require disclosure of salary ranges in job postings, during the interview process, or upon request. Requirements vary significantly by jurisdiction, and non-compliance can result in penalties and legal claims.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
