Key Issues

Legislative and Regulatory News

Here you'll find links to our most recent blog posts and email alerts related to public policy issues of importance to higher education and higher ed human resources. CUPA-HR's Public Policy Statement provides a framework for CUPA-HR’s public policy advocacy efforts. For position statements, letters and briefs, see our Advocacy Positions page.

February 2024

Title IX
Department of Education Moves Forward With Title IX Final Rule

H-1B Visas
DHS Announces First Phase of Final H-1B Modernization Rule

Immigration and Naturalization Fees
USCIS Issues Final Immigration and Naturalization Fee Rule Effective April 1

January 2024

Paid Leave
CUPA-HR Submits Letter in Response to Paid Leave RFI

Visa and Immigration Updates
Bridging 2023 and 2024: Key U.S. Immigration Updates From December

FLSA Independent Contractor Status
Department of Labor Issues Independent Contractor Final Rule


December 2023

Congressional and Regulatory Updates
December Policy Roundup: Paid Leave Policy, Pregnant Workers Fairness Act Regulations, and Workforce Development Initiatives

Fall 2023 Regulatory Agenda
Overtime and Title IX Final Rules Targeted for Early 2024 Release in Fall Regulatory Agenda

November 2023

Artificial Intelligence
Artificial Intelligence Sparks the Interest of Federal Policymakers

Paid Leave
Senate Finance Committee Holds Hearing on Paid Leave

H-1B Visas
Proposed Changes to the H-1B Visa Program

FLSA Overtime Rule
CUPA-HR Submits Comments in Response to DOL’s Overtime Rulemaking

October 2023

Student-Athletes
NLRB Issues Joint Employer Final Rule

Workplace Harassment
EEOC Issues Proposed Updated Guidance on Workplace Harassment

Race-Conscious Admissions
Department of Education Issues Report on Diversity and Opportunity in Higher Education

August 2023

FLSA Overtime Rule
Department of Labor Proposes New Overtime Rule

Pregnant Workers Fairness Act
EEOC Issues Proposed Rule to Implement Pregnant Workers Fairness Act Protections

Form I-9
DHS Announces Proposed Pilot Program for Non-E-Verify Employers to Use Remote I-9 Document Examination

July 2023

Spring 2023 Regulatory Agenda
DOL Accelerates Regulatory Actions

Form I-9
DHS Announces Final Rule Permitting Alternative Options for Form I-9 Document Examination

FLSA Overtime Rule
Department of Labor Moves on Proposed Overtime Rule

June 2023

Race-Conscious Admissions
Supreme Court Rules Against Affirmative Action

Paycheck Fairness Act, Healthy Families Act, and PRO Act
Senate Holds Markup of the Paycheck Fairness Act, Healthy Families Act and PRO Act 

Spring 2023 Regulatory Agenda
Biden Administration Releases Spring 2023 Regulatory Agenda

May 2023

Title IX
Department of Education Delays Target Release of Title IX Rulemaking to October

DOL Secretary
Julie Su’s Confirmation for DOL Secretary Uncertain as Senator Manchin Seeks Alternative Nominees

Pregnant Workers Fairness Act and PUMP for Nursing Mothers Act
Congress and Federal Agencies Consider Paid-Leave Proposals and Protections for Pregnant and Nursing Workers

Form I-9
ICE Gives Employers Until August 30 for In-Person Form I-9 Verification After COVID Flexibilities Expire

PUMP for Nursing Mothers Act
WHD Begins Enforcement of Remedies Provided Under PUMP for Nursing Mothers Act

April 2023

Title IX
Department of Education Releases Title IX Rulemaking on Transgender Student Eligibility in School Athletics

March 2023

Employee Severance Agreements
NLRB General Counsel Issues Memo on Recent Severance Agreement Ruling
NLRB Issues Decision Blocking Certain Provisions in Severance Agreements, CUPA-HR to Hold Webinar

PUMP for Nursing Mothers Act
DOL to Host Webinar on the PUMP for Nursing Mothers Act

Title IX Compliance for Athletic Programs
Department of Education’s OCR Issues Resource Documents on Title IX Compliance for Athletic Programs

February 2023

DOL
President Biden Nominates Deputy Secretary Julie Su to Head the DOL

FLSA Overtime
Supreme Court: Highly Compensated Employee Entitled to Overtime Because Employer Did Not Pay on a Salary Basis

FMLA Leave
DOL Wage and Hour Division Publishes First Opinion Letter Under Biden Administration, Regarding FMLA Leave

Workforce Innovation and Opportunity Act Reauthorization
Workforce Innovation and Opportunity Act Reauthorization Prospects for the 118th Congress

118th Congress
House Education and Workforce Committee and Senate HELP Committee Set for 118th Congress (

January 2023

Immigration and Naturalization Fees 
USCIS Proposes Fee Rule With Significant Increases for Employers

Workplace Protections 
Retirement Plan Changes and Workplace Protections for Pregnant Workers Included in Fiscal Year 2023 Omnibus Bill

Regulatory Agenda
Fall 2022 Regulatory Agenda Targets Release Dates for DOL's Overtime Proposal and Final Title IX Rule


 

Previous News

2022

December 2022

Student-Athletes
NLRB Region Files Complaint Against the NCAA, Pac-12 and the University of Southern California

November 2022

DACA
CUPA-HR Sends Letter to Congress Asking for DACA Protections (The Higher Ed Workplace Blog)

October 2022

Form I-9
DHS Extends I-9 Flexibility Guidance Through July 2023 (The Higher Ed Workplace Blog)

September 2022

Title IX
CUPA-HR Submits Comments in Response to Title IX NPRM (The Higher Ed Workplace Blog)

August 2022

Congressional and Regulatory Updates
August Recess Roundup: Congressional and Regulatory Updates (The Higher Ed Workplace Blog)

July 2022

Title IX
Federal Judge Blocks Department of Education's Title IX Guidance (The Higher Ed Workplace Blog)

June 2022

Overtime Proposed Rule
DOL Targets October 2022 for Release of a New Overtime Proposal (The Higher Ed Workplace Blog)

Title IX
Department of Education Releases Title IX Proposed Rule (The Higher Ed Workplace Blog)

DOL Hearing
DOL Secretary Testifies in House and Senate Committee Hearings (The Higher Ed Workplace Blog)

DOL Overtime
CUPA-HR Participates in DOL Overtime Regional Listening Sessions (The Higher Ed Workplace Blog)

May 2022

Higher Ed Tax Policies
CUPA-HR Participates in Hill Meetings With House Ways and Means Committee Member Offices (The Higher Ed Workplace Blog)

Work Permits
DHS to Temporarily Increase the Automatic Extension Period of Work Permits for Certain Visa Applicants (The Higher Ed Workplace Blog)

April 2022

Form I-9 
DHS Extends I-9 Flexibility Guidance Through October (The Higher Ed Workplace Blog)

Violence Against Women Act
Reauthorization of Violence Against Women Act Signed Into Law (The Higher Ed Workplace Blog)

EEOC
President Biden Nominates Kalpana Kotagal to Serve as EEOC Commissioner (The Higher Ed Workplace Blog)

Proposed Overtime Rule
DOL to Host Regional Listening Sessions for Proposed Overtime Rule Regulations (The Higher Ed Workplace Blog)

March 2022

Securing a Strong Retirement Act
House Passes Bipartisan Retirement Savings Bill (The Higher Ed Workplace Blog)

Federal Contractors
CUPA-HR Files Comment Extension Request to USDA Regarding New Blacklisting Regulation for Federal Contractors (The Higher Ed Workplace Blog)

Retirement Plan Fiduciary Duties
Supreme Court Issues Decision Regarding Retirement Plan Fiduciary Duties in Hughes v. Northwestern (The Higher Ed Workplace Blog)

February 2022

Student-Athletes
National College Players Association Files Charges Seeking Employee Status for Student-Athletes (The Higher Ed Workplace Blog)

FLSA Overtime
CUPA-HR Submits Letter to DOL Requesting Stakeholder Meetings Prior to Anticipated Overtime Proposed Rule (The Higher Ed Workplace Blog)

International STEM Students
White House Announces Actions to Attract STEM Talent (The Higher Ed Workplace Blog)

January 2022

COVID-19 Vaccination Requirements
Supreme Court Blocks OSHA Vaccine and Testing ETS and Upholds CMS Healthcare Worker Vaccine Mandate (The Higher Ed Workplace Blog)

2021

December 2021

COVID-19 Vaccination Requirements
Federal Court Reinstates OSHA Vaccination and Testing ETS (The Higher Ed Workplace Blog)

I-9 Flexibility
DHS Extends I-9 Flexibility Guidance Another Four Months (The Higher Ed Workplace Blog)

November 2021

COVID-19 Vaccination Requirements
OSHA Emergency Temporary Standard and CMS Interim Final Rule on Vaccination Requirements Released (The Higher Ed Workplace Blog)

September 2021

Student Athletes
NLRB General Counsel Releases Memo on Employee Status for Student Athletes (The Higher Ed Workplace Blog)

COVID-19
Vaccine Passport Bans and Apps by State (Prepared by CUPA-HR's Government Relations team)
COVID-19 Safety Requirements for Federal Contractors (Summary prepared by CUPA-HR's Government Relations team)
Biden Announces New COVID-19 Mitigation Plan (The Higher Ed Workplace Blog)
New Q&As Issued on Vaccine-Related Leave and Vaccinations for Federal Contractors (The Higher Ed Workplace Blog)

I-9 Flexibility
DHS Extends Form I-9 Flexibilities Guidance Through 2021 (The Higher Ed Workplace Blog)

August 2021

COVID-19
Guidance on Federal Employee and Contractor Vaccine and Testing Mandates (The Higher Ed Workplace Blog)

Legislative Activity for Fall
August Legislative Policy Roundup: Update for Higher Ed HR (The Higher Ed Workplace Blog)

COVID-19 
OSHA Updates Guidance to Help Employers Protect Workers from COVID-19 (The Higher Ed Workplace Blog)

1-9 Flexibility
CUPA-HR Leads Higher Ed Letter on I-9 Flexibility Guidance (The Higher Ed Workplace Blog)

July 2021

COVID-19
Biden Announces COVID-19 Vaccination Mandate for All Federal Employees and Certain Federal Contractors (The Higher Ed Workplace Blog)

June 2021

COVID-19 
OSHA Issues Emergency Standard for Healthcare, Updates General Industry Guidance (The Higher Ed Workplace Blog)

Prevailing Wage
CUPA-HR Files Comments on Behalf of Higher Education to Inform DOL RFI on Prevailing Wage Levels for Foreign Workers (The Higher Ed Workplace Blog)

May 2021

COVID-19
EEOC Issues Updated Guidance on Vaccinations and other Pandemic-Related Issues (The Higher Ed Workplace Blog)
ICE Announces Extension and New Employee Guidance to Form I-9 Compliance Flexibility (The Higher Ed Workplace Blog)

Minimum Wage
Side-by-Side Comparison of Minimum Wage EOs From 2014 and 2021

Pregnant Workers
House Passes the Pregnant Workers Fairness Act (The Higher Ed Workplace Blog)

Prevailing Wage
DOL Further Extends Delay of Final Rule Altering Prevailing Wage Levels (The Higher Ed Workplace Blog)

April 2021

Minimum Wage
President Biden Issues Executive Order Requiring $15 Minimum Wage for Federal Contractors (The Higher Ed Workplace Blog)

March 2021

Prevailing Wage
DOL Delays Effective Date of Final Rule Altering Prevailing Wage Levels (The Higher Ed Workplace Blog)

Student Workers
NLRB Withdraws Proposed Rule on Student Workers (The Higher Ed Workplace Blog)

Title IX
Executive Order Directs Review of Trump Administration’s Title IX Rule (The Higher Ed Workplace Blog)

January 2021

Critical Race Theory
Biden Revokes Trump Executive Order on Combatting Race and Sex Stereotyping, Issues Executive Order on Advancing Racial Equity in Its Place (Washington Insider Alert)

2020

December 2020

COVID-19
EEOC Releases Q-and-A Guidance Section on COVID-19 Vaccinations (Washington Insider Alert)
COVID-19-Related Emergency Relief Provisions Set to Expire in 2020 (The Higher Ed Workplace Blog)

H-1B Visas
Federal District Court Enjoins DOL and DHS Rules on H-1B Visas (Washington Insider Alert)

November 2020

COVID-19
EEOC Vice Chair Keith Sonderling Hosts CUPA-HR (Washington Insider Alert)

Biden Administration
Planning for a Biden Administration: Implications for Higher Education and Workplace Policies (Washington Insider Alert)

October 2020

Critical Race Theory
Trump Issues Executive Order on Combating Race and Sex Stereotyping (The Higher Ed Workplace Blog)

H-1B Visas
DOL and DHS Issue Interim Final Rules Overhauling H-1B Visa Program (Washington Insider Alert)

September 2020

FLSA Independent Contractor Status
DOL Releases Proposed Rule on Independent Contractor Status Under the Fair Labor Standards Act (Washington Insider Alert)

Pregnant Workers
House Passes the Pregnant Workers Fairness Act (Washington Insider Alert)

July 2020

COVID-19
DOL Issues New FAQs on COVID-19 (Washington Insider Alert)

International Students
ICE Announces Rescission of July 6 Guidance on International Students (Washington Insider Alert)
CUPA-HR Joins Opposition to ICE’s Fall 2020 Guidance for International Students (Washington Insider Alert)

June 2020

COVID-19 Testing
CDC Issues Guidance for COVID-19 Testing by Higher Ed Institutions (Washington Insider Alert)

H-1B, H-2B, L-1, and J-1 Non-Immigrant Visas
Trump Administration Extends and Expands the Suspension of Certain Visas Through 2020 (Washington Insider Alert)

Title VII
Supreme Court Rules in Favor of LGBT Workforce Discrimination Protections (Washington Insider Alert)

May 2020

Title IX
Department of Education Unveils Final Rule on Title IX (Washington Insider Alert)

March 2020

Families First Coronavirus Response Act (FFCRA)
DOL and IRS Issue April 1 Guidance on FFCRA Leave (Washington Insider Alert)
DOL Issues Guidance on Paid Sick Leave and Expanded FMLA Leave Under COVID-19 Emergency Funding (Washington Insider Alert)
DOL Hosts Call on the Families First Coronavirus Response Act’s Paid Leave Provisions (Washington Insider Alert)
Stimulus Package Mandates Leave for All Public and Small Private Employers (Washington Insider Alert) 

Coronavirus Aid, Relief, and Economic Security Act (CARES Act)
CARES Act Educational Stabilization Fund — Provisions for Higher Ed (The Higher Ed Workplace Blog)
House Passes Coronavirus Aid, Relief, and Economic Security Act (The Higher Ed Workplace Blog)

Emergency Relief for Higher Education
ACTION NEEDED: Support Emergency Relief for Higher Education (Washington Insider Alert)

January 2020

National Labor Relations Act
CUPA-HR Submits Comments on NLRB’s Proposed Rule for Student Workers (The Higher Ed Workplace Blog) 

2019

Affordable Care Act
House Passes Repeal of the Cadillac Tax and the Nonprofit Benefits Tax  

FLSA Overtime Rule
DOL Releases New Overtime Rule – Exemption Threshold Raised to $35,568  

Workplace Harassment
CUPA-HR Submits Comments ion Response to NASA Harassment Reporting Requirement  

FLSA Overtime Rule
Department of Labor Submits Final Overtime Rule to Office of Management and Budget  

Sexual Harassment Prevention
Bill Passed Out of House Science Committee Aims to Prevent Sexual Harassment in Higher Ed STEM Field  

ERISA
CUPA-HR Joins Amicus Brief in Support of Petition for Rehearing in 403(b) Retirement Case  

Affordable Care Act
Fight to Repeal the Cadillac Tax Continues  

Unions
NLRB Plans to Revisit Student Organizing  

Equality Act
House Passes Equality Act 

FLSA Overtime Regulations
CUPA-HR Submits Comments on DOL's Overtime Proposal

DOL Activity
DOL Releases Two New Proposed Rules and Six Opinion Letters

Advocacy Work
CUPA-HR Goes to Washington

Equality Act
Equality Act Reintroduced

FLSA Overtime Rule
Department of Labor Proposes Changes to "White Collar" Overtime Pay Exemptions 
Department of Labor Proposes New Overtime Rule  

Equal Pay Act 
Paycheck Fairness Act Passed Out of Committee

Title IX
CUPA-HR Submits Comments on Proposed Rule Amending Title IX Regulations

Top Issues
5 Public Policy Issues That Could Impact Higher Ed This Year

Title IX
CUPA-HR Submits Comments on Proposed Rule Amending Title IX Regulations

FLSA Overtime
Department of Labor Moves on Proposed Overtime Rule 

Executive Compensation
Treasury Issues Interim Guidance on Executive Compensation Excise Tax

2018

Title IX
Department of Education Issues Proposed Rule on Title IX

Workplace Harassment 
National Science Foundation Issues New Harassment Reporting Requirement

FLSA and Employee Wellness
DOL Issues Opinion Letter on Wellness Activities

FLSA Overtime
DOL’s Wage and Hour Division Announces Overtime Rule Listening Sessions 
Talking Points For CUPA-HR Members Interested in Attending Listening Sessions

Paid Leave
House Holds Paid Leave Hearing  

Employee Handbook Rules
NLRB General Counsel Issues Guidance on Employee Handbook Rules  

Collective Bargaining
Supreme Court Issues Decision Impacting Public Employees’ Rights Regarding Their Union  

Regulatory Agenda
Trump Administration Releases Spring 2018 Regulatory Agenda

E-Verify
USCIS Updates E-Verify

FLSA Overtime
DOL Issues Higher Ed-Specific Fact Sheet on Overtime Pay 

OFCCP
OFCCP Issues Directive Requiring Use of Predetermination Notices to Encourage More Transparency

FLSA
DOL Announces Pilot Program to Test Voluntary Reporting of Wage Violations

Title VII and Workplace Discrimination
Second Circuit Court Rules That Title VII Covers Sexual Orientation Claims

Tax Reform
How the New Excise Tax on Investment Income Could Impact Private Colleges and Universities
Two New Excise Taxes That Could Impact Higher Ed 
5 Changes to Unrelated Business Income Tax and Fringe Benefits Rules Under the New Tax Law 

Affordable Care Act
Cadillac Tax Delayed Two Additional Years

DOL
WHD Starts to Move on Guidance and Rules

Tax Reform
Updated 2018 Withholding Tables Now Available 

NLRB
New Republican-Majority NLRB Decisions Impacting Higher Ed