Publications, Videos and Web Tutorials
---- listed alphabetically by general employment topic
***Benefit Plan Reporting***
Reporting and Disclosure Guide for Employee Benefit Plans issued by the U.S. Department of Labor Oct. 2003
***Discrimination***
Staff Layoffs and Reductions in Force: Managing the Risks (12.15.08)
A publication by ACE, NACUBO, and UE, authored by Lawrence White and Martin Michaelson. This memo addresses both non-discrimination issues and contract issues, as well as other employment issues in the context of staff layoffs at colleges and universities.
Institutional Compliance with Federal Non-Discrimination Statutes Paper was presented on March 19-21, 2003 at the NACUA 2003 Spring Conference entitled: Civil Rights and Civil Suits: Discrimination Law 501 for Campus Counsel. Authored by: D. Frank Vinik, United Educators Insurance Risk Retention Group, Chevy Chase, MD with Margaret L. O'Donnell, Assistant General Counsel, The Catholic University of America, Washington, D.C.
See also Compliance Obligations Under Federal Non-Discrimination Statutes, a chart with links to various equal opportunity compliance regulations, and the Table of Recordkeeping Requirements/IRS Revenue Procedure 75-50.
***Faculty employment issues***
Faculty in Times of Financial Distress, By Anne Franke for ACE
Monograph on Examining Governance, Exigency, Layoffs and Alternatives (June 2009)
Legal Compliance Guide: A Summary of Important Legal Issues Faced By Higher Education-written for faculty and staff
***FLSA***
FLSA: Professional Exemption for Computer Employees Dec. 14, 2006 Department of Labor Field Assistance Bulletin No. 2006-3. The gist of the bulletin is that the exemptions under Section 13(a)(1) of the FLSA and 13(a)(17) for computer employees are not meant to be mutually exclusive, but rather 13(a)(17) (added in 1996) was meant to be an additional express statutory basis for the computer employee exemption. See 29 CFR 541.400 et seq. for the general rules for computer employees.
***Foreign Employment***
EU Employee Data Privacy Law Winston and Strawn December 2006 Briefing: Discusses issues on collection and retention of data for employees in the European Union. The Privacy Directive may affect how U.S. employers with employees abroad handle personal data of employees.
***Student employment issues
Report published by the American Federation of Teachers and setting forth the Federation's standards of good practice in the employment of graduate students employed by institutions of higher education. The standards cover compensation, employment practices, professional responsibility and support, and rights of unionized graduate employees.
***HIPAA and Consumer Privacy Materials***
by Helen Young, Privacy Officer, Rockingham Memorial Hospital.
Helen Young received a B.S. from the University of Richmond, and a MHA from MCV.
by Jennifer Kirkland, Esq. Please note this power point should not be construed as legal advice. Those with legal questions should take them directly to their legal counsel.
GAO reviewed the experience of health care providers in implementation, the experience of public health entities, researchers and representatives of patients in seeking access to information, and the extent to which patients appear to be aware of their rights.
Private Sector Entities Routinely Obtain and Use SSNs, and Laws Limit the Disclosure of This Information:
This thirty page report focuses on how information resellers, CRAs and some health care organizations obtain and use SSNs and discusses the laws and practices relevant to safeguarding SSNs and consumer's privacy. The report covers HIPAA, Gramm Leach Bliley, The Fair Credit Reporting Act, the Drivers Privacy Protection Act
HIPAA Privacy Rules: A Summary of 45 C.F.R. Parts 160 and 164 focusing on Obligations of Health Plans and Ramifications for Employers. By Linda O. Goldberg, Esq. of Miller, Canfield, Paddock and Stone, P.L.C., February 2003
HIPAA Gap Analysis :
Questionnaire for College or University without an Academic Medical Center. By Bettye S. Elkins, Esq. of Miller, Canfield, Paddock and Stone, P.L.C., February 2003
***Immigration***
I-9 Power Point Training by Helene Robertson (Training for Staff presented by Helene Robertson, Director of International Student and Scholar Services, July 2003)
***Information Technology and employment***
IT Security For Higher Education: A Legal Perspective: Prepared for the EDUCAUSE/Internet 2 Computer and Network Security Task Force by Dow, Lohnes and Albertson, PLLC, March 20, 2003.
Addresses Computer and Network Security in the context of FERPA, HIPAA, ECPA, The USA Patriot Act, SEVIS, the Teach Act, and the Gramm Leach Bliley Act.
***Policies***
Powerpoint Presentation for Policy Making: Presentation at NACUA 2004 Annual Conference by Kathryn Bender.
***References and Release of Information on Employees***
NACUANOTES Jan. 2005 College and University Employee References
***Miscellaneous***
NACUANOTES June 2006 Non-Solicitation Rules and Union Organizing
links updated 6/9/08 rab
Last Revised 17-Jun-09 11:08 AM.