July 30, 2021 7:21 am
On Thursday July 29, President Biden announced the release of preliminary guidelines for a COVID-19 vaccination mandate for all federal employees. This decision is Biden’s most recent effort to promote vaccination nationwide and combat the spread of the Delta variant. Overview of Vaccination Mandate Guidelines Every federal government employee and onsite contractor will be asked to attest... View Article
July 22, 2021 2:11 pm
On July 20, the Department of Education’s Office for Civil Rights (OCR) issued a questions-and-answers (Q&A) resource. According to a press release from OCR, “the Q&A clarifies how OCR interprets schools’ existing obligations under the 2020 amendments” and includes an appendix, which “responds to schools’ requests for examples of Title IX procedures that may be... View Article
July 21, 2021 11:58 am
On July 15, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a nomination hearing on David Weil to serve as the administrator of the Wage and Hour Division (WHD) of the Department of Labor (DOL), as well as Gwynne Wilcox and David Prouty to serve as members of the National Labor Relations Board... View Article
July 19, 2021 10:07 am
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. U.S. Supreme Court Rules Against NCAA in Antitrust Lawsuit, Opening the Path to More Compensation for Student-Athletes On June 21, the U.S. Supreme... View Article
July 12, 2021 10:30 am
On June 30, Rep. Mariannette Miller-Meeks (R-IA), Ranking Member of the House Education and Labor Committee Virginia Foxx (R-NC), and three other Republican members on the Education and Labor Committee introduced H.R. 4248, the Workflex in the 21st Century Act. The bill amends the Employee Retirement Income Security Act (ERISA) to create Qualified Flexible Work... View Article
July 7, 2021 12:55 pm
On June 24, the House Education and Labor Committee held a hearing on “Examining the Policies and Priorities of the U.S. Department of Education.” Secretary of Education Miguel Cardona testified on behalf of the Department of Education to discuss and answer questions about the department’s goals and commitments to the education community through the elementary... View Article
June 29, 2021 12:00 pm
On June 4, the Centers for Disease Control and Prevention (CDC) issued revised guidance for higher ed institutions, providing updated recommendations for institutions considering the partial or full resumption of in-person learning for the upcoming academic year. The guidance is intended to supplement rather than replace federal, state and local health and safety regulations for... View Article
June 23, 2021 12:09 pm
On June 21, the U.S. Supreme Court issued a narrow but significant decision in NCAA v. Alston. The Court unanimously ruled against the National Collegiate Athletic Association (NCAA), deciding that the NCAA’s strict limitations on education-related benefits that higher education institutions can offer to student-athletes violates federal antitrust law. In the ruling, which was written... View Article
June 23, 2021 12:00 pm
On June 9 and June 17, the Senate Committee on Commerce, Science, and Transportation held two hearings titled “NCAA Athlete NIL Rights” and “NCAA Student Athletes and NIL Rights,” respectively. During the hearings, senators and witnesses discussed proposals to allow students to monetize their name, image and likeness (NIL) in schools across the country, in... View Article
June 21, 2021 2:24 pm
On June 15 and 16, the U.S. Equal Employment Opportunity Commission (EEOC) and Department of Education’s Office for Civil Rights (OCR) released new resources on federal enforcement of protections against sexual orientation and gender identity discrimination. The U.S. Supreme Court ruled last year in Bostock v. Clayton County that the bar on workplace discrimination based... View Article
June 14, 2021 10:57 am
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. EEOC Issues Guidance That Employers Can Offer Vaccine Incentives to Employees The EEOC issued guidance in late May of this year indicating that... View Article
June 10, 2021 3:14 pm
On June 10, OSHA issued an Emergency Temporary Standard (ETS) establishing requirements employers must follow to limit workers potential COVID-19 exposure for those employees providing health care services and health care support services. The ETS and fact sheets are available here. While we are still reviewing the ETS, OSHA’s accompanying fact sheet indicates the ETS coverage extends to all settings “where any... View Article
June 3, 2021 9:58 am
On June 1, CUPA-HR, joined by five other higher education associations, submitted comments in response to the Department of Labor’s Request for Information (RFI) about data and methods for determining prevailing wage levels for temporary and permanent immigrant and non-immigrant employees, including employees on H1-B visas. The DOL’s RFI was issued shortly before the agency... View Article
May 28, 2021 11:19 am
On May 28, the U.S. Equal Employment Opportunity Commission (EEOC) released updated and expanded technical assistance related to the COVID-19 pandemic and posted a new resource for job applicants and employees. The expanded technical assistance provides new information about how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply when an employer offers... View Article
May 27, 2021 3:16 pm
On May 26, the U.S. Immigration and Customs Enforcement (ICE) announced an extension of Form I-9 compliance flexibilities that was initially granted last year. Citing continued precautions due to COVID-19, the announcement declared that the flexibilities would be extended until August 31, 2021. The announcement continues March 2020 guidance that allows employers to examine Form... View Article
May 18, 2021 8:42 am
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. Supreme Court Agrees to Review First Amendment Free Speech Case Filed by Community College Trustee Opposing His College Board’s Decision to Censure Him ... View Article
May 12, 2021 1:31 pm
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
May 4, 2021 10:02 am
Updated 5/17/21 On May 14, the House of Representatives voted (315-101) to pass 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. The bill, which had amassed 228 cosponsors in the House (208 Democrats and 20 Republicans) ahead... View Article
April 30, 2021 10:37 am
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
April 29, 2021 8:24 am
Editor’s Note: Explore the side-by-side comparison of minimum wage EOs from 2014 and 2021. This comparison illuminates the differences between the Obama administration’s executive order and the one issued in April by the Biden administration. On April 27, 2021, President Biden issued an Executive Order (EO) increasing the minimum wage federal contractors pay from $10.95... View Article
April 28, 2021 8:49 am
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
April 20, 2021 12:26 pm
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
April 16, 2021 9:41 am
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
April 12, 2021 11:10 am
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
March 23, 2021 11:21 am
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
March 17, 2021 11:33 am
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
March 16, 2021 12:00 pm
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
March 15, 2021 8:00 am
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
March 12, 2021 12:55 pm
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
March 11, 2021 10:00 am
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
March 8, 2021 4:25 pm
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
February 26, 2021 2:25 pm
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
February 15, 2021 9:13 am
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
February 12, 2021 9:00 am
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
January 19, 2021 9:48 am
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
January 13, 2021 10:11 am
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
January 11, 2021 9:34 am
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
December 16, 2020 11:42 am
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
December 14, 2020 12:47 pm
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
November 16, 2020 1:08 pm
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
October 12, 2020 2:28 pm
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
October 5, 2020 10:28 am
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
October 2, 2020 10:13 am
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
September 30, 2020 10:58 am
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
September 28, 2020 10:27 am
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
September 18, 2020 10:04 am
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
September 14, 2020 9:58 am
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
September 3, 2020 1:18 pm
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
August 28, 2020 1:44 pm
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
August 10, 2020 8:02 am
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
June 22, 2020 10:47 am
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
June 3, 2020 8:45 am
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
June 2, 2020 9:44 am
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
May 27, 2020 9:54 am
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
March 10, 2020 4:02 pm
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
February 24, 2020 10:18 am
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
January 27, 2020 2:42 pm
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
January 16, 2020 4:10 pm
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
January 10, 2020 11:36 am
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
December 11, 2019 10:00 am
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
December 9, 2019 12:22 pm
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
October 8, 2019 3:12 pm
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
September 27, 2019 10:07 am
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
September 11, 2019 9:04 am
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
August 20, 2019 9:00 am
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
August 16, 2019 11:03 am
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
July 11, 2019 4:08 pm
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
June 24, 2019 2:56 pm
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
June 19, 2019 11:49 am
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
June 17, 2019 3:49 pm
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
June 12, 2019 9:00 am
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
June 11, 2019 1:55 pm
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
May 30, 2019 9:00 am
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
May 28, 2019 9:00 am
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
May 14, 2019 9:00 am
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
April 12, 2019 3:30 pm
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
April 1, 2019 3:30 pm
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
March 25, 2019 8:40 am
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
March 14, 2019 9:44 am
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
March 1, 2019 9:00 am
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
February 19, 2019 11:41 am
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
February 15, 2019 9:00 am
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
February 4, 2019 1:03 pm
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
January 29, 2019 2:44 pm
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
January 22, 2019 2:11 pm
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
December 11, 2018 2:45 pm
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
November 13, 2018 11:16 am
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
October 31, 2018 9:00 am
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
October 26, 2018 2:12 pm
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
October 9, 2018 3:34 pm
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
October 3, 2018 9:00 am
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
October 1, 2018 11:40 am
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
September 27, 2018 11:33 am
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
September 5, 2018 12:13 pm
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
August 6, 2018 2:06 pm
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
July 26, 2018 1:17 pm
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
July 10, 2018 4:11 pm
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
July 2, 2018 9:00 am
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
June 12, 2018 11:50 am
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
May 29, 2018 2:53 pm
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
