On May 13, 2021, the Department of Labor (DOL) will issue a final rule delaying the effective date of the January 2021 final rule entitled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” (Prevailing Wage Rule) from May 14, 2021, to November 14, 2022. The final rule also delays... View Article
During the week of May 10, the House of Representatives is expected to vote on H.R. 1065, the Pregnant Workers Fairness Act, which will require employers to make reasonable accommodations for qualified employees affected by pregnancy, childbirth or related medical conditions. Introduced on February 15 by Rep. Jerry Nadler (D-NY), the bill specifically declares that... View Article
On April 26, President Biden signed an Executive Order on Worker Organizing and Empowerment (EO), which creates the Task Force on Worker Organizing and Empowerment (Task Force). Citing the decline in union density, the EO and newly created Task Force aim to “encourage worker organizing and collective bargaining and to promote equality of bargaining power between... View Article
On April 27, 2021, President Biden issued an Executive Order (EO) increasing the minimum wage federal contractors pay from $10.95 an hour to $15 an hour. According to a White House fact sheet, starting January 30, 2022, all agencies will need to include a $15 minimum wage in new contract solicitations, and by March 30, 2022,... View Article
Whether your institution is mandating, incentivizing or encouraging vaccinations for employees, HR has a critical role to play in how the plan is communicated and how barriers to getting vaccinated are mitigated. Consider overall campus safety and messaging when communicating which groups will and will not be required to be vaccinated this fall. For example,... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. Court of Appeals Reinstates Professor’s First Amendment Free Speech and Religious Discrimination Challenge to University’s Preferred Pronoun Policy on Transgender Students The U.S.... View Article
On April 6, the Department of Education’s Office for Civil Rights (OCR) issued a letter outlining plans to review the Trump administration’s final rule on Title IX, which changed how colleges and universities must handle allegations of sexual assault and harassment under Title IX of the Education Amendments of 1972. The letter comes nearly a... View Article
Note: See the results of CUPA-HR’s April Snap Poll to find out how institutions are structuring their vaccination policies and the types of incentives they’re offering. Mandating or strongly recommending COVID-19 vaccinations for faculty and staff raises a host of legal and practical considerations for higher ed employers. In a recent CUPA-HR webinar presented in... View Article
On March 11, President Biden signed into law H.R. 1319, the American Rescue Plan Act of 2021 (ARPA), which is the $1.9 trillion COVID-19 relief bill that included various provisions aimed at providing relief to employers, employees and consumers recovering from the economic burdens imposed on them during the pandemic. Included in this bill was... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. Spouse’s Lawsuit — Attempting to Hold the Employer Liable for COVID-19 Infection Allegedly Contracted From Husband After He Contracted COVID-19 at Work —... View Article
The U.S. Congress convened on January 3, 2021. Democrats maintained their majority in the House of Representatives albeit with a reduced margin due to Republican pickups in House races during the 2020 elections. Across the Hill, Republicans held the majority in the Senate for a brief time before three new Democratic senators were sworn in... View Article
UPDATE: On March 22, DOL issued a proposal to further delay the effective date of the rule by 18 months or until November 14, 2022, along with corresponding proposed delays to the rule’s transition dates. DOL has provided a 30-day comment period on the proposal and announced its intention to issue a Request for Information... View Article
On March 12, the National Labor Relations Board (NLRB) announced it would be withdrawing its 2019 Notice of Proposed Rulemaking (proposed rule) addressing the extent to which students who perform services for private higher education institutions are considered employees under the National Labor Relations Act (NLRA). The official Notice of Withdrawal will be published in the... View Article
On March 9, the House of Representatives passed H.R. 842, the Protecting the Right to Organize (PRO) Act, which is a massive labor reform bill designed to increase union density. Criticized as a “left-wing wishlist” for unions by House Republicans, the bill passed the House mostly along party lines by a vote of 225-206, with... View Article
On March 8, President Biden issued an Executive Order (EO) titled, “Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity.” The EO sets forth the administration’s policy that “all students should be guaranteed an educational environment free from discrimination on the basis of sex, including discrimination... View Article
On February 25, the House of Representatives passed H.R. 5, the Equality Act by a vote of 224 to 206. Three Republicans joined Democrats to pass the bill that would make employment discrimination and other forms of discrimination based on sexual orientation and gender identity unlawful. The bill would amend existing civil rights laws —... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. Biden Administration Issues Executive Order Calling on OSHA to Determine Whether There Is a Need to Issue Emergency Temporary Standards Protecting Workers From... View Article
On February 4, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing on the nomination of Boston Mayor Marty Walsh to serve as the Secretary of Labor under the Biden administration. Walsh was nominated to serve as Secretary of Labor on January 7, 2021, beating out many other front runners for the... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Trump Workplace Diversity Training Executive Order Halted by Federal District Court Nationwide A federal judge blocked President Trump’s ban on “divisive” workplace diversity... View Article
On January 12, 2021, the U.S. Department of Labor (DOL) announced a final rule that will raise government prevailing wage minimums for foreign professional workers under the H-1B and other visa programs. The rule revises a previously released Interim Final Rule (IFR) that took effect on October 8, 2020, but was subsequently struck down by... View Article
On December 27, President Trump signed an additional round of COVID-19 relief legislation into law. The bill was part of a larger legislative package that funded the government through September 30, 2021, and is the first COVID-19 bill enacted since the March 2020 CARES Act. Many provisions in the new bill extend and modify unemployment... View Article
On November 30, the California Division of the Occupational Safety and Health Administration (Cal/OSHA) issued a final Emergency Temporary Standard (ETS) implementing COVID-19 workplace safety protocols that went into effect immediately and apply to all employees and places of employment within the state, including universities and colleges, regardless of size or industry sector. As indicated... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Many U.S. Federal and State Courts Cancelling Jury Trials Due to Surges in Positive COVID-19 Cases Bloomberg News reports that courts across the... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: University Maintenance Director’s Email to Employees Regarding Coworker’s COVID-19 Exposure Protected by the First Amendment A federal district court judge recently denied a... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Courts Revisiting Telework as a Reasonable Accommodation Under the ADA — Asthmatic Employee Awarded COVID-19 Related Telework Accommodation by Federal Court as a... View Article
On September 29, the U.S. District Court for the Northern District of California preliminarily enjoined the Department of Homeland Security (DHS) from implementing or enforcing any part of the U.S. Citizenship and Immigration Services (USCIS) Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements rule (Fee Rule). The Fee Rule was set to take effect... View Article
CUPA-HR Signs on to Letter to President Trump Regarding the Executive Order on “Combating Race and Sex Stereotyping” (October 8, 2020) On September 22, President Trump issued an Executive Order (EO) on “Combating Race and Sex Stereotyping.” Once implemented, the EO will impose new requirements on federal contractors, including colleges and universities, with respect to content... View Article
In early September, CUPA-HR submitted two sets of comments responding to two separate requests for information (RFIs) on job-protected leave in the United States — one from the Department of Labor (DOL)’s Women’s Bureau and the other from Wage and Hour Division (WHD). Issued in July 2020, the RFIs allowed interested stakeholders to submit comments... View Article
The content in this blog post is for general information purposes only and should not be considered legal advice. Specific legal questions should be directed to your institution’s legal counsel. In a recent CUPA-HR webinar, “Avoiding ADA Compliance Pitfalls in a COVID-19 World,” 71 percent of polled participants said they are somewhat worried and 22... View Article
On September 15, the Senate Health, Education, Labor and Pensions Committee held a hearing titled, “Compensating College Athletes: Examining the Potential Impact on Athletes and Institutions.” The hearing was part of ongoing Senate discussions on potential federal legislation to permit student-athletes to receive compensation for their name, image and likeness (NIL) while participating in National... View Article
On September 9, U.S. Secretary of Education Betsy DeVos announced the publication of a final rule that implements President Trump’s Executive Order 13864, Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities. The new rule conditions federal research or education grants on compliance with the First Amendment for public institutions and compliance with stated... View Article
During the month of August, the Department of Labor (DOL)’s Wage and Hour Division (WHD) issued a variety of regulations and guidance documents focusing on key employment issues related to COVID-19, including the paid leave policies within the Families First Coronavirus Response Act (FFCRA) and employers’ responsibility to track telework hours. Below is a brief... View Article
In early August, federal judges in the Southern District of New York and the District of Columbia’s circuit court denied two requests from the State of New York and 18 state attorney generals to delay the August 14 effective date of the new Department of Education Title IX rule while the rule continues to be... View Article
On July 16 and 17, the Department of Labor (DOL)’s Women’s Bureau and Wage and Hour Division (WHD) each issued a request for information (RFI) seeking input from interested stakeholders on questions related to job-protected leave in the United States. The Women’s Bureau RFI focused on questions relating to paid leave state and employer policies,... View Article
Editor’s note: You may have missed this article when we published it in June 2018. In this update, we emphasize the importance of H-1B visa compliance during the pandemic, especially if visa holders are furloughed along with other employees. As higher education institutions consider changes in their workforce in response to the COVID-19 pandemic, they... View Article
The content in this blog post is for general information purposes only and should not be considered legal advice. Higher ed HR pros are working tirelessly to update institutions’ policies and procedures after the sudden shift of work operations as a result of the public health crisis. On top of this workload, institutions must now... View Article
On May 28, CUPA-HR, along with the American Council on Education (ACE) and other higher education organizations, sent a letter to Congressional leaders requesting “temporary and targeted” liability protections for institutions of higher education for incidents related to the COVID-19 pandemic. The organizations stressed in the letter the importance of liability protections as colleges and... View Article
On May 19, the Occupational Safety and Health Administration (OSHA) issued revised enforcement guidance clarifying employers’ obligations to record work-related COVID-19 cases during the public health emergency. The enforcement guidance, titled “Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19),” sets forth criteria determining when a case of COVID-19 illness is work-related, and... View Article
On March 11, the House Education and Labor Committee will hold a hearing titled, “The Healthy Families Act (H.R. 1784): Examining a Plan to Secure Paid Sick Leave for U.S. Workers.” The hearing is scheduled to take place as COVID-19 spreads throughout the U.S. and as Congress and the White House contemplate measures to address... View Article
On February 11, the Senate Commerce, Science, and Transportation Committee’s subcommittee on Manufacturing, Trade, and Consumer Protection held a hearing entitled, “Name, Image, and Likeness: The State of Intercollegiate Athlete Compensation.” The hearing was intended to “examine ongoing issues that surround compensating collegiate athletes for the use of their name, image and likeness.” Testifying before... View Article
On January 14, the House Education and Labor Committee held a markup and voted on H.R. 2694, the Pregnant Workers Fairness Act. The bill, introduced in May 2019 by Rep. Jerry Nadler (D-NY), would require employers with 15 or more employees to provide reasonable accommodations to pregnant workers, workers who just had a child, or... View Article
On January 15, 2020, CUPA-HR, the American Council on Education (ACE), and other higher ed associations, filed comments in response to the National Labor Relations Board (NLRB)’s Notice of Proposed Rulemaking on student workers. The proposed rule essentially states that student workers at private institutions are not considered employees under the National Labor Relations Act... View Article
In the December 16, 2019, Federal Register, the U.S. Department of Labor’s Wage and Hour Division (WHD) published its final rule clarifying and updating the regulations governing the regular-rate requirements under the Fair Labor Standards Act (FLSA).* Generally, the FLSA requires overtime to be paid at a rate that is at least one and one-half... View Article
On November 20, the Trump Administration released its Fall 2019 Unified Regulatory Agenda and Regulatory Plan, providing the regulated public with a detailed glimpse into the regulatory policies and priorities under consideration by 59 federal departments, agencies and commissions. Agendas are released twice a year, generally in the spring and fall, and are designed to... View Article
As the year quickly winds down, we hope you’ll take some time to read about some of the great work your HR colleagues are doing at colleges and universities around the country. CUPA-HR’s Higher Ed HR Magazine and Higher Ed Workplace blog highlight new and innovative ways to do HR (from institutions and organizations who have been there,... View Article
This is part two of a two-part blog post contributed by Abby King, accommodation specialist at University of Kansas, and William Budding, HR coordinator at Harvard University’s School of Dental Medicine, both of whom are alumni of CUPA-HR’s Wildfire program for early-career higher ed HR professionals. Read part one — Workplace Inclusivity for People With... View Article
This blog post was contributed by Suzanne Keys and Lynn Clements of Berkshire Associates. Just in time for back-to-school, the Office of Federal Contract Compliance Programs (OFCCP) has released three new affirmative action plan (AAP)-related initiatives related to higher education institutions. Multi-Building Establishments The first initiative is a set of FAQs for organizations that have... View Article
On August 16, CUPA-HR and six other higher education associations submitted comments in response to a Federal Register notice titled “Reporting Requirements Regarding Findings of Sexual Harassment, Other Forms of Harassment or Sexual Assault.” The notice, which was published on July 17, 2019, proposes the “implementation of new reporting requirements … to help ensure research environments to... View Article
This blog post was contributed by Michiko Clark and Lynn Clements of Berkshire Associates. In a recent series of FAQs, the Office of Federal Contract Compliance Programs (OFCCP) explains whether academic institutions should include student workers in their affirmative action plans (AAPs) and provides guidance regarding who is considered a student worker. In the FAQs,... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Courts Move in Different Directions in Enforcing Agreements to Arbitrate The courts continue to move in different directions when it comes to enforcing... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Three Separate Title VII Cases Have Three Different Outcomes One case was dismissed by a federal district court judge, one was reinstated by... View Article
On June 20, the House Science Committee passed Chairwoman Eddie Bernice Johnson’s (D-TX) bill, H.R. 36, the Combating Sexual Harassment in Science Act of 2019, out of committee. This comes after a June 12 hearing which evaluated higher ed’s response to sexual harassment in STEM jobs on and off campuses, offered feedback on the bill,... View Article
On June 7, CUPA-HR and seven other higher education associations, led by the American Council on Education (ACE), filed an amicus brief to the Third Circuit Court of Appeals in the University of Pennsylvania’s 403(b) retirement plan case. The case, Jennifer Sweda et al. v. The University of Pennsylvania, which deals with the issue of... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: New Supreme Court Decision Will Make It More Difficult for Employers to Dismiss Title VII Court Cases Where Plaintiff Does Not File a... View Article
Fifteen states and the District of Columbia have passed legislation raising the minimum wage to a specific amount over the next several years, and many workers at the staff level in higher education institutions in those states will be impacted. According to just-released findings from CUPA-HR’s Staff in Higher Education Survey, around one in four... View Article
Congress has acted twice to delay the 40 percent excise tax on high-value employer-provided healthcare coverage, known as the “Cadillac tax,” yet the latest effective date of 2022 looms. The Cadillac tax was signed into law as part of the Affordable Care Act (ACA) and was originally scheduled to take effect in 2018, but was... View Article
The National Labor Relations Board (NLRB) indicated in the federal government’s May 22 spring regulatory agenda that it plans to issue a proposed rule by September addressing the extent to which students who perform services for private higher education institutions are considered employees under the National Labor Relations Act (NLRA). Under the NLRA, employees working in the private... View Article
On May 17, 2019, the House passed H.R. 5, the Equality Act, by a vote of 236 to 173. Eight Republicans joined Democrats to pass the bill that would make employment discrimination and other forms of discrimination based on sexual orientation and gender identity unlawful. The bill would amend existing civil rights law — including... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: U.S. Court of Appeals Reverses Dismissal of ERISA Class-Action Lawsuit Against University of Pennsylvania and Orders the Case to Be Reinstated In a... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Federal Court Rules Professor’s Claims That Title IX Investigation Was Flawed and Gender-Biased Should Proceed to Discovery and Possible Trial, and His Defamation... View Article
Looking for some good news coming out of Washington, D.C.? CUPA-HR had two opportunities recently to connect with members of Congress and the EEOC to help them understand our higher ed HR challenges. A Day on the Hill Last Thursday, CUPA-HR’s government relations team led a group of higher ed HR leaders from several states... View Article
On March 13, Reps. David Cicilline (D-RI) and Brian Fitzpatrick (R-PA) and Sens. Jeff Merkley (D-OR), Tammy Baldwin (D-WI) and Cory Booker (D-NJ) introduced legislation which would make employment discrimination and other forms of discrimination based on sexual orientation and gender identity unlawful. The Equality Act of 2019 would amend existing civil rights law — including the Civil Rights Act of... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Wife of Former Sheriff Loses First Amendment Right-to-Intimate-Association Lawsuit Following Discharge From the Sheriff’s Department After Her Husband Resigned Because of Allegations of... View Article
On February 26, the House Education and Labor Committee held a markup on the Paycheck Fairness Act (PFA) (HR 7). The bill, which was first introduced in Congress in 1997 and most recently on January 30, aims to close the gender pay gap by amending the Equal Pay Act. Specifically, the PFA would ban inquiries into job... View Article
At the University of Kansas, many students and university employees climb hundreds of steps up a 400-foot incline, dubbed “The Hill,” to get to class or work. For those with mobility issues, however, this incline presents a challenging navigational puzzle. When Catherine E. Johnson joined the university as the director of the ADA Resource Center... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Court Decision Suggests That Continued Attempts to Accommodate a Disabled Employee, Even After an ADA Lawsuit Is Filed, Might Reduce or Eliminate an... View Article
On January 30, CUPA-HR submitted comments on the U.S. Department of Education’s proposed rule aimed at changing how colleges and universities must handle allegations of sexual assault and harassment under Title IX of the Education Amendments of 1972. Title IX prohibits discrimination on the basis of sex in education programs and activities that receive federal... View Article
During the recent Quarterly Washington Update webinar, CUPA-HR’s government relations team provided an overview of the current federal legislative and regulatory landscape, as well as details on the issues that may impact your campus and higher ed institutions across the country. Here are some of the top issues: 1) Pro-Union Legislation Democrats renamed the Education... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Georgetown Becomes Fifth University to Prevail in ERISA Breach of Fiduciary Duty Allegations Concerning Pension Plan Administration Georgetown University recently prevailed in a... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Education Industry Consulting Firm Blackboard Inc. Hit With Gender Pay Discrimination Collective Action Lawsuit Brought by Former Employees Education industry consulting firm Blackboard... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Trump Administration Justice Department and EEOC Take Different Positions on Whether Transgender Employees Are Covered by the Title VII Anti-Sex-Discrimination Statute The Trump... View Article
On October 22, the National Science Foundation (NSF)’s new harassment reporting requirement for awardees took effect. NSF published the final version of the requirement for NSF grants in the Federal Register on September 21. NSF said it made the changes to “ensure the research and learning environments it supports are free from harassment.” Under the new... View Article
Several major news outlets covered the recent kerfuffle of a Frontier Airlines passenger attempting to fly out of Orlando, Florida, with her emotional support squirrel seated with her. The passenger indicated at the time of her reservation that she would be traveling with an emotional support animal but failed to disclose it was a squirrel... View Article
Results of a recent survey of college and university presidents conducted by the American Council on Education (ACE) show that half of all presidents surveyed rely on their chief HR officer to weigh in when setting institutional policy related to campus inclusion and free speech. And 30 percent of presidents said they rely on HR... View Article
One CUPA-HR member institution was recently the subject of a Department of Labor wage and hour investigation. While the university wishes to remain anonymous, its experience can serve as a learning opportunity for other institutions. “It seemed to come out of nowhere,” according to a member of the university’s HR department. “And the investigation got... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: University Softball Coach Granted Federal Jury Trial on Some of Her Sex Discrimination Claims, Others Dismissed A female women’s softball coach at Alabama... View Article
When it comes to creating a safe, inclusive, equitable campus, culture is the bottom line. But changing the culture and transforming the mindset of an enterprise as large and complex and multifaceted as a higher education institution certainly doesn’t happen overnight — it’s a slow and steady journey. While helping their colleges and universities navigate... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: University Argues ERISA Claims Not Subject to Jury Trial MIT is one of a dozen or so prominent universities to be sued in... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: NYU Prevails in ERISA Class Action Case NYU received a complete victory in the first of more than approximately a dozen ERISA class... View Article
On July 24, the House Education and the Workforce Committee held a hearing on H.R. 4219, the Workflex in the 21st Century Act. The bill, introduced by Rep. Mimi Walters (R-CA), would amend the Employee Retirement Income Security Act (ERISA) to create Qualified Flexible Work Arrangement (QFWA) plans under which employers could offer paid time off and flexible work... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: State Prosecutors Beginning to Bring Criminal Charges Against Employers That Violate Wage and Hour Laws Minimum wage and overtime violations have for decades,... View Article
On June 6, Peter B. Robb, general counsel for the National Labor Relations Board (NLRB), issued guidance to regional directors on how to evaluate workplace rules and handbooks in light of the Board’s decision in The Boeing Company, 365 NLRB No. 154 (2017). The guidance applies to handbooks in both union and nonunion workplaces at... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Supreme Court Rules 5-4 That Employers Can Bar Class-Action Lawsuits and Require Mandatory Arbitration The U.S. Supreme Court narrowly ruled in a 5-4... View Article
On May 9, the Trump Administration released its Unified Regulatory Agenda and Regulatory Plan, providing the regulated public with a detailed glimpse into the regulatory policies and priorities under consideration by 59 federal departments, agencies and commissions. Agendas are released twice a year, generally in the spring and fall, and are designed to provide the... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Court Finds Plaintiff’s Failure to Follow Supervisor’s Direction Not Protected by the First Amendment The United States Court of Appeals for the Seventh... View Article
On April 23, the U.S. Citizenship and Immigration Services (USCIS) launched a new modernized version of E-Verify, the web-based program that allow employers to check an employee’s work authorization. According to USCIS, the improvements to the system will help users enter correct information, increase the speed and accuracy of the employment eligibility verification process, decrease... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: University Prevails in Gender-Based Pay and Discriminatory Discharge Allegations, Court Cites Faculty Vote Not to Renew Appointment and Rejects Evidence of Department Chair’s... View Article
This blog post was contributed by Joanna Lyn Grama, director of cybersecurity and IT governance, risk and compliance program at EDUCAUSE. On May 25, new data privacy rules will take effect in the European Union. Known as the General Data Protection Regulation (GDPR), this directive will also have compliance implications for colleges and universities in... View Article
This blog post was contributed by Lynn Clements, director of regulatory affairs, Berkshire Associates Inc. The Office of Federal Contract Compliance Programs (OFCCP) recently announced it would be standardizing its predetermination notices (PDNs) under Directive 2018-01. This is the first directive issued by new OFCCP Director Ondray T. Harris. The PDN is a letter... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Fired Employee Gets Jury Trial on FMLA Discriminatory Discharge Claim Resulting From Request for Intermittent FMLA Leave for Lyme Disease A federal district... View Article
The Department of Labor’s Wage and Hour Division (WHD) announced on March 6 that it was preparing to unveil a new pilot program aimed at encouraging employers to voluntarily report and resolve “inadvertent” violations of minimum-wage and overtime laws under the Fair Labor Standards Act (FLSA). The new program — known as Payroll Audit Independent... View Article
On February 26, the Second U.S. Circuit Court of Appeals, overruling its own precedent, ruled that Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from discriminating against their employees based on sexual orientation, deepening a circuit court split on the issue which will eventually have to be decided by the... View Article
This is the final in a series of blog posts contributed by John Graham, vice president and regional director of compliance research at Sibson Consulting. Since the new tax bill was passed, we’ve received a number of questions as to how the legislation affects higher education and its employees. To help answer these questions, we’ve... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Female Hockey Coach’s Sex Discrimination Claim Moves to Trial, Sexual Orientation Claims Dismissed as Court Holds Title VII Does Not Cover Sexual Orientation... View Article
This is the second in a series of blog posts contributed by John Graham, vice president and regional director of compliance research at Sibson Consulting. Since the new tax bill was passed, we’ve received a number of questions as to how the legislation affects higher education and its employees. To help answer these questions, we’ve... View Article
The “Me Too” movement has prompted a heightened awareness of and national conversation around unequal treatment and inappropriate or criminal sexual conduct in the workplace, and many colleges and universities have strengthened their resolve to eliminate these unacceptable behaviors on their campuses. To create an environment where harassment, incivility, inequality and bias are neither welcome... View Article
This blog post was contributed by John Graham, vice president and regional director of compliance research at Sibson Consulting. Since the new tax bill was passed, we’ve received a number of questions as to how the legislation affects higher education and its employees. To help answer these questions, we’ve partnered with CUPA-HR Mary Ann Wersch... View Article
On January 22, after a three-day shutdown of the federal government, Congress passed and President Trump signed into law a short-term continuing resolution (CR) to fund the government until February 8. Included in the CR was a two-year delay to the Affordable Care Act (ACA)’s 40 percent excise tax on high-value healthcare plans, known as... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: States Consider Sexual Harassment Remedies and Prevention Reforms to Supplement Title VII With the advent of the “me too” movement, many state legislatures... View Article
“Philosopher Accused of Sexual Misconduct” “Former Sports Doctor Pleads Guilty to Sexual Assault” “Title IX Complaints Filed Against Creative-Writing Professor” “Fifteen Students and Post Docs Issue Statement That Three Professors Created a Hostile Academic Environment in Which Sexual Harassment Is Normalized” “Reports of Sexism in a University Academic Department” “Tenured Professor Sexually Harassed Graduate Student... View Article