HR and the Courts

October 20, 2021 9:58 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. Several States Consider Legislation Aimed at Softening Federal Workplace Vaccine Mandates The Arkansas legislature recently passed legislation which would soften the federal employer... View Article

NLRB General Counsel Releases Memo on Employee Status for Student Athletes

September 29, 2021 1:25 pm

On September 29, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo released a memorandum stating her position that student athletes (or “Players at Academic Institutions,” as she refers to them in the memo) are employees under the National Labor Relations Act (NLRA) and are afforded all statutory protections as prescribed under the law. Abruzzo... View Article

IRS Issues Employer Guidance on COVID-19 Paid Leave Tax Credits

September 22, 2021 8:09 am

On September 7, the U.S. Treasury Department and Internal Revenue Service (IRS) issued Notice 2021-53, which includes guidance to employers on reporting the amount of qualified sick and family leave wages paid to employees for leave taken in 2021 as provided by the Families First Coronavirus Response Act (FFCRA) and as amended by the Consolidated... View Article

HR and the Courts

September 21, 2021 8:46 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 Brings Its First COVID-19 Teleworking Denial Lawsuit Under the Americans With Disabilities Act   The Equal Employment Opportunity Commission (EEOC) recently brought its... View Article

OSHA Provides Details on Upcoming COVID-19 Emergency Temporary Standard

September 14, 2021 10:32 am

On September 9, President Biden released his COVID-19 Action Plan, which includes a six-pronged plan to combat COVID-19 through increased vaccinations, testing and other strategies. The plan will require employers with 100 or more employees to test nonvaccinated employees on a weekly basis. The White House also announced it will require vaccinations for those working... View Article

Biden Announces New COVID-19 Mitigation Plan

September 9, 2021 9:02 pm

On September 9, President Biden released a new COVID-19 mitigation plan, which includes several new requirements and recommendations for employers, employees, schools and others across the country. The six-part plan includes new policies and strategies to vaccinate more unvaccinated individuals, administer booster shots, keep schools safely open, increase testing facilities and products, protect economic recovery,... View Article

New Q&As Issued on Vaccine-Related Leave and Vaccinations for Federal Contractors

September 8, 2021 1:16 pm

On Friday, the Safer Federal Workforce Task Force posted new Q&As for vaccinations and vaccine-related leave for federal employees and contractors. Here are two excerpts that relate specifically to federal contractors: How should an agency ask onsite contractor employees about their vaccination status? Agencies should provide visitors with the Certification of Vaccination form when they enter... View Article

DHS Extends Form I-9 Flexibilities Guidance Through 2021

September 1, 2021 7:49 am

Yesterday, the Department of Homeland Security (DHS) announced a further extension of the flexibilities on Form I-9 compliance requirements that was initially granted last year. The guidance, which was slated to expire on August 31, 2021, has been extended through December 31, 2021. The guidance will continue to allow for remote inspection of Form I-9... View Article

Guidance on Federal Employee and Contractor Vaccine and Testing Mandates

August 25, 2021 9:50 am

On July 29, President Biden announced the release of preliminary guidelines for a COVID-19 vaccine attestation mandate for all federal employees. The guidelines stated that all federal employees and onsite contractors will be asked to attest to their vaccination status, and if they do not, individuals will be required to wear a mask while working, physically distance from... View Article

August Legislative Policy Roundup: Update for Higher Ed HR

August 23, 2021 9:22 am

Though August is typically a quiet time in Washington, D.C., legislative activity the first half of the month remained steady in preparation for a busy fall. To keep members updated on what to expect, the CUPA-HR government relations team pulled together the following summary of recent actions that will continue to take shape after Congress... View Article

OSHA Updates Guidance to Help Employers Protect Workers from COVID-19

August 18, 2021 8:27 am

On August 13, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued updated guidance regarding workplace COVID-19 precautions, incorporating, among other things, the Centers for Disease Control and Prevention (CDC)’s July 27 guidance for fully vaccinated people. OSHA’s guidance recommends that fully vaccinated employees in areas of substantial or high community transmission wear masks in public... View Article

HR and the Courts

August 16, 2021 9:28 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. Union Leaders Are Split Over Vaccine Mandates  After a year of cooperation with union leaders over health and safety measures promoting worker safety... View Article

Navigating Compliance With a Multi-State Workforce

August 11, 2021 1:38 pm

Over the last year and a half, the rapid implementation and general success of remote work has brought about both new opportunities and new challenges. In particular, the challenges of navigating multi-state compliance issues can be tricky. While there is no one-size-fits-all approach, here are three key points to get you started on the right... View Article

CUPA-HR Leads Higher Ed Letter on I-9 Flexibility Guidance

August 11, 2021 1:35 pm

On August 9, CUPA-HR and 12 other higher education associations sent a letter to United States Citizenship and Immigration Services (USCIS) Director Ur M. Jaddou requesting the Department of Homeland Security (DHS) extend and amend its previously announced flexibilities on Form I-9 compliance requirements. The guidance, which has been extended continuously since March 2020 and... View Article

Biden Announces COVID-19 Vaccination Mandate for All Federal Employees and Certain Federal Contractors

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

Department of Education Issues Q&A on Title IX Regulations

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

HR and the Courts

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

Education Secretary Testifies on the Department’s Policies and Priorities During House Committee Hearing

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

CDC Issues Guidance for Higher Ed in Anticipation of an In-Person Fall Semester

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

Supreme Court Rules Against NCAA Rules Limiting Education Benefits Offered to Student-Athletes

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

Senate Committee Holds Hearings on Name, Image and Likeness Compensation

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

New Guidance on Sexual Orientation and Gender Identity Discrimination Under Title VII and Title IX

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

HR and the Courts

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

OSHA Issues Emergency Standard for Healthcare, Updates General Industry Guidance

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

CUPA-HR Files Comments on Behalf of Higher Education to Inform DOL RFI on Prevailing Wage Levels for Foreign Workers

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

EEOC Issues Updated Guidance on Vaccinations and Other Pandemic-Related Issues

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

ICE Announces Extension and New Employee Guidance to Form I-9 Compliance Flexibility

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

HR and the Courts

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

DOL Further Extends Delay of Final Rule Altering Prevailing Wage Levels

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

House Passes the Pregnant Workers Fairness Act

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

President Biden Issues Executive Order to Create Task Force on Worker Organizing and Empowerment

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

President Biden Issues Executive Order Requiring $15 Minimum Wage for Federal Contractors

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

5 HR Considerations for Fall Vaccination Planning

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

HR and the Courts

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

CUPA-HR Soundbite: Can Employers Mandate COVID-19 Vaccines?

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

COBRA Subsidies Included in the American Rescue Plan Act

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

HR and the Courts

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

DOL Delays Effective Date of Final Rule Altering Prevailing Wage Levels

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

NLRB Withdraws Proposed Rule on Student Workers

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

House Passes the PRO Act

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

Executive Order Directs Review of Trump Administration’s Title IX Rule

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

House Passes Equality Act

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

HR and the Courts

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

Senate Committee Holds Hearing on DOL Secretary Nominee

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

HR and the Courts

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

DOL Announces Final Rule Raising Prevailing Wage Minimums for H-1B Visas

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

Cal/OSHA’s Emergency Temporary Standard Implements COVID-19 Workplace Safety Protocols

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

HR and the Courts

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

HR and the Courts

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

HR and the Courts

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

USCIS Fee Rule Increase Temporarily Blocked

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

Trump Issues Executive Order on Combating Race and Sex Stereotyping

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

Tips for Addressing ADA Claims as Employees Return to Work

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

Senate Committee Discusses Name, Image and Likeness Compensation for Intercollegiate Student-Athletes

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

Department of Education Finalizes New Rule

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

August Round-Up of Important DOL Guidance and Regulations

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

Three Benefits of Using CUPA-HR’s DataOnDemand for H-1B Prevailing Wage Determination for New and Furloughed Employees

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

Title IX Final Rule – 10 Things You Need to Know

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

Higher Education Community Asks Congress for COVID-19 Liability Protections

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

OSHA Issues Revised Guidance on Recording Work-Related COVID-19 Cases

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

Congress Explores “Name, Image, Likeness” Compensation for Intercollegiate Athletes

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

House Committee Holds Markup on Pregnant Workers Fairness Act

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

CUPA-HR Submits Comments on NLRB’s Proposed Rule on Student Workers

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

DOL’s Wage and Hour Division Finalizes Regular-Rate Regulations

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

Trump Administration Releases Fall 2019 Regulatory Agenda

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

12 Great Reads of 2019

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

OFCCP Releases New Initiatives Providing Guidance on Affirmative Action Plan Compliance for Academic Institutions

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

CUPA-HR Submits Comments in Response to NASA Harassment Reporting Requirement

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

OFCCP Issues New FAQs on Student Workers

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

HR and the Courts

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

HR and the Courts

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

HR and the Courts

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

Many Higher Ed Staff Will See Larger Paychecks in Coming Years as State-Level Minimum Wage Increases Take Effect

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

Fight to Repeal the Cadillac Tax Continues

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

NLRB Plans to Revisit Student Organizing

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

House Passes Equality Act

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

HR and the Courts

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

HR and the Courts

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

CUPA-HR Goes to Washington

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

Equality Act Reintroduced

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

HR and the Courts

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

Paycheck Fairness Act Passed Out of Committee

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

Creative Partnerships: The Path to an Inclusive Campus

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

HR and the Courts

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

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

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

5 Public Policy Issues That Could Impact Higher Ed This Year

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

HR and the Courts – Recent Rulings and Legislation

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

HR and the Courts: Recent Rulings and Legislation

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