We advise on compliant recruiting and hiring practices including job postings, background checks, interviewing, offer letters, and onboarding to minimize discrimination and misclassification risks.
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 create legal exposure. We advise on compliant job descriptions, lawful qualification requirements, and proper advertising. We address pay transparency requirements in various jurisdictions.
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.
Order attorney-drafted documents related to this practice.
A comprehensive clearance search plus preparation and filing of one federal trademark application.
Clearance, preparation, and filing, plus responses to routine (non-substantive) Office Actions.
Full-service prosecution from filing through registration, including substantive Office Action responses.
A short-form agreement providing a security interest in copyrighted works as collateral for a loan or other financial arrangement.
An agreement used to formalize the termination of a direct hire employee, including provisions for confidentiality, intellectual property, and severance.
A notice sent to a service provider under the Digital Millennium Copyright Act (DMCA), requesting the removal of infringing content hosted on their platform.
A simplified agreement used to transfer ownership of a copyright from one party to another, including details such as rights transferred, payment, and effective date.
An agreement where the copyright owner grants a licensee the right to use the copyrighted material under specified terms, including usage scope, duration, and payment.