The Higher Ed Workplace Blog

On June 21, the Biden administration released the anticipated Spring 2022 Regulatory Agenda, providing the public with a detailed glimpse into the regulatory and deregulatory activities under development across approximately 67 federal departments, agencies and commissions. Agendas are generally released in the fall and spring and set target dates for each agency and sub-agency’s regulatory actions for the coming year. Based on a thorough review of the Regulatory Agenda, CUPA-HR would like to highlight the following proposed actions for members, including an updated target date for the release of a new overtime proposal.

As we embark on a new year at CUPA-HR, we want to take a moment to introduce the incredible leaders behind our higher ed HR association. CUPA-HR has been able to support and advance our profession thanks in large part to the tireless efforts of our national board members and other CUPA-HR leaders.

On June 23, the Department of Education released the highly anticipated Notice of Proposed Rulemaking (NPRM) to amend Title IX. The NPRM proposes to replace the Trump administration’s 2020 Title IX rule and establishes safeguards for transgender students by proposing a ban on “all forms of sex discrimination, including discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation and gender identity.”

On June 14 and 15, the House Education and Labor Committee and Senate Appropriations Committee’s Subcommittee on Labor, Health and Human Services, Education, and Related Agencies (Labor HHS) held hearings on policies and priorities of the U.S. Department of Labor (DOL), as well as President Biden’s Fiscal Year 2023 Budget Request for DOL. In both hearings, Secretary of Labor Marty Walsh testified and answered questions about DOL’s regulations and actions, as well as potential future funding for programs under DOL.

In May and June, CUPA-HR participated in five regional listening sessions hosted by the Department of Labor (DOL) on the anticipated Notice of Proposed Rulemaking (NPRM) to update the criteria for the “executive, administrative and professional” exemptions for overtime pay under the Fair Labor Standards Act (FLSA). The listening sessions provided regional employers the opportunity to discuss their support or concerns with changes to the minimum salary level required to be exempt from overtime payments under the FLSA.

This month, CUPA-HR General Counsel Ira Shepard provides overviews of recent cases, including a pending Supreme Court decision on the scope of the FLSA’s highly paid executive employee exemption, a court ruling that an arbitration agreement did not preclude a coach from filing a sex discrimination lawsuit, a court decision barring the EEOC and HHS from requiring Christian employers and healthcare providers to cover the cost of or provide gender transition surgery, and more.

On May 19, the U.S. Department of Education released an FAQ document which confirms that Higher Education Emergency Relief Fund (HEERF) monies can be used to support the mental health of faculty, staff, and students. The document addresses commonly asked questions and provides specific examples on how some institutions have already used HEERF funding to improve their mental health programming and support.

This month, CUPA-HR General Counsel Ira Shepard provides details on cases including a Maryland legislature overriding a governor’s veto to become the tenth state to mandate paid family leave through a state funded program of employer and worker payroll taxes, the California Assembly considering passing a law protecting employees’ off hours marijuana use, increases in accommodations requests and mental health discrimination bias claims under the Americans with Disabilities Act, and more.

Over the last month, CUPA-HR’s government relations team joined the American Council on Education (ACE) and other higher education organizations in virtual Capitol Hill meetings to discuss tax priorities for the higher education community. Meetings have been held with staffers of Members of the House Ways and Means Committee to advocate for tax policies and proposals to alleviate various burdens placed on students, employees and institutions alike.

Effective May 4, U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) to increase the automatic extension period of expiring employment authorization documents (EADs) for certain renewal applicants from 180 days to 540 days. Specifically, the TFR applies to three groups of applicants in EAD categories currently eligible for the previous 180-day automatic extension of employment authorization and EAD validity.