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9-7-11 - Change to Advertisements for Faculty and Teaching Positions

In response to a July 2011 BALCA decision issued in the Matter of University of Texas at Brownsville, the DOL has replaced a FAQ which previously prohibited Colleges and Universities from advertising in electronic journals. In that case, BALCA found that the DOL requirement for a print journal imposed a substantive requirement on employers that is not supported by the PERM regulations, and the DOL failed to establish a reason why the electronic journal should not be sufficient as both a national journal and an effective recruitment method.

MSU may now use an electronic or web-based national professional journal to satisfy the provision found at 20 CFR 656.18(b)(3) for faculty (teaching) positions, which requires use of a national professional journal for advertisements for college or university teachers. The electronic or web-based journal’s job listings must be viewable to the public without payment of subscription and/or membership charges. The advertisement for the job opportunity for which certification is sought must be posted for at least 30 calendar days on the journal’s website. Documentation of the placement of an advertisement in an electronic or web-based national professional journal must include evidence of the start and end dates of the advertisement placement and the text of the advertisement.

Prior to placing an advertisement, an electronic copy in word format must continue to be sent to your HRM Generalist for review and approval. Please include the link to the national professional journal where the advertisement will be placed. Chairs of search committees must access and print the online advertisement and maintain a hard copy with search records.

Contact your HRM Generalist if you have any questions.

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