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
Does your institution hire faculty, professionals or postdocs who are foreign nationals? If so, you can speed up your H-1B application process by using CUPA-HR’s DataOnDemand tool to obtain a prevailing wage determination (the first step in filing an H-1B visa). What Is a Prevailing Wage? The Immigration and Nationality Act mandates that the hiring... 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
On January 5, the Department of Labor (DOL)’s Wage and Hour Division (WHD) re-issued 17 opinion letters. As WHD states, “an opinion letter is an official, written opinion by the Wage and Hour Division of how a particular law applies in specific circumstances presented by an employer, employee or other entity requesting the opinion.” These... View Article
It’s hard to believe another year is in the books, and a new one is already underway! As you jump back into your work in this new year, 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... View Article
On December 15, the National Labor Relations Board (NLRB) issued an important ruling for higher education in PCC Structurals Inc. abandoning the Obama Board’s 2011 Specialty Healthcare decision, which allowed employees to organize in “micro units.” The PCC Structurals decision reinstated the previous standard that employees have to share an “overwhelming community of interests” to be an appropriate bargaining... View Article
On December 1, Peter Robb, the newly-appointed general counsel for the National Labor Relations Board (NLRB), issued his Mandatory Submissions to Advice, a customary practice for all new general counsels, setting forth the types of unfair labor practice charges and issues that the NLRB’s regional offices should send to the NLRB’s Division of Advice in... View Article
This blog post was contributed by Maureen J. Gleason, president of American Behavioral It seems that everywhere you look these days, cases of bullying and sexual harassment are making headlines. From school teachers to celebrities to distinguished politicians, example after example of bad behavior are coming to light. The #MeToo movement is a reflection of... View Article
On December 2, the Senate passed its U.S. tax code rewrite legislation, the Tax Cuts and Jobs Act, by a vote of 51-49. Sen. Bob Corker (R-TN) joined all Senate Democrats in voting against the bill. The House passed its own version of tax reform, by a vote of 227-205 with 13 Republicans voting with... 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 of Appeals Rules Requests for Indefinite Leaves of Absence Do Not Constitute a Reasonable Accommodation Under the ADA The Eleventh Circuit Court... View Article