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There are a number of laws which impact Baylor University's use of contests and auctions. This article reviews applicable laws and limitations.
The Office of General Counsel processes H-1B petitions for eligible positions at Baylor University. An H-1B is a nonimmigrant visa status for a foreign national who will perform services in a specialty occupation. A specialty occupation is one that requires a specialized body of knowledge and attainment of a bachelor's or higher degree or its equivalent as a minimum for entry into the occupation. H-1B work-authorization is strictly limited to employment by the sponsoring employer.
The federal False Claims Act (FCA) "prohibits false or fraudulent claims for payment to the United States," and authorizes civil lawsuits by the Attorney General or by private individuals on behalf of the government. The penalties can include treble damages, and an individual who brings a successful claim is entitled to a portion of the damages collected.
Baylor, as a recipient of federal contract grant dollars, is subject to the affirmative action hiring requirements imposed by Executive Order 11246. That order prohibits federal contractors from discriminating in employment decisions on the basis of race, color religion, sex or national origin. It also requires that recipients "take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin." These requirements apply to the entire university community regardless of whether a hiring department receives federal grant funding.
This article reviews a few of the primary issues to be addressed when seeking to have Baylor enter into contracts with vendors of goods and services.
The Americans with Disabilities Act prohibits discrimination in the recruitment, hiring, training, promotion, pay, termination and other privileges of employment regarding qualified individuals with a physical or mental disability. The Act requires an employer, on request of the employee, to provide a reasonable accommodation to qualified individuals in order to enable the employee to perform the essential functions of the job. The accommodations are determined through an interactive process between the employer and employee.
Federal law permits all employees of Baylor, both faculty and staff, to take up to 12 work weeks of job-protected leave time in a 12 month period for certain qualifying events under the FMLA, and up to 26 work weeks for certain military exigencies for immediate family members. While the FMLA provides that the leave may be uncompensated, under Baylor policy, the leave may be compensated depending on an individual's unused leave time (vacation, personal and sick) and available shared sick leave.
For a variety of reasons there are times when faculty, staff, and students would like to show movies on campus. Before pressing play you need to know a few things. First, movies are protected by the Federal Copyright Act. This means that you cannot simply show your group a movie in its entirety. When you rent, buy, or borrow a movie you do not obtain the right to show the movie to large groups. Rather, you receive the limited right to use the movie for personal viewing. This article discusses the steps necessary to show the movie to large groups.
The Office of General Counsel assists the University complete necessary process for its employees to obtain H-1b petitions for eligible positions at Baylor University.
Baylor University frequently has employees who for one reason or another, are required to leave the Waco area. Other times, a job opening with a specific set of requirements may only be filled by someone who resides outside of Texas. While Baylor University can, in limited circumstances, hire (or continue to employ) staff who reside and work from outside Texas, there are a number of factors which complicate such hires.
The attorneys in the Office of General Counsel represent Baylor University and do not represent faculty and staff on an individual or personal basis. However, by communicating with this office, faculty and staff members may be acting as representatives of Baylor so that there is a lawyer-client privileged communication. That means that the law allows most communications between a lawyer and a client to remain confidential.
Baylor University plays host to a number of events and facilities on its campus at which minors are present. University employees who obtain knowledge of suspected child abuse or neglect are legally required to report it immediately to: (1) local or state law enforcement or (2)the Texas Department of Family and Protective Services.
Baylor University has ethical and legal responsibilities in the area of protecting the environment. Several state and federal environmental statutes apply to Baylor, including the: Clean Air Act; Clean Water Act; Resource Conservation and Recovery Act; Safe Drinking Water Act; Toxic Substances Control Act; Emergency Planning and Community Right-to-Know Act; and Federal Insecticide, Fungicide and Rodenticide Act.