2021 Benefits Report Examines Higher Ed Parental Leave Practices and More

According to the CUPA-HR 2021 Benefits in Higher Education Annual Report, fewer than 40 percent of higher ed institutions offer paid parental leave to new parents. The recently released report examines the benefits offered to higher ed employees, including healthcare plans, wellness programs, paid time off, tuition benefits and retirement. For institutions that offer it,... View Article

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

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

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

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

Findings From CUPA-HR’s 2021 Staff in Higher Education Annual Report

The pandemic impacted every area of the higher ed workforce, including non-exempt employees. According to CUPA-HR’s recently released 2021 Staff in Higher Education Annual Report, the size of the non-exempt staff workforce saw a drastic decline during the pandemic, an understandable outcome given the number of non-exempt higher education employees whose work can only be... View Article

Juneteenth — How Will Your Institution Observe the Day?

As Congress prepares to vote on legislation establishing June 19 as a federal holiday, we are exploring ways institutions can observe this momentous occasion in U.S. history. Juneteenth, the oldest known celebration commemorating the ending of slavery in the United States, has not always been widely recognized. Expanding your campus community’s knowledge of Juneteenth and... View Article

HR and the Courts

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

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

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

Mental Health Month Focus: Flexibility

May is Mental Health Month, and we’re homing in on three facets of higher education that impact mental health: campus culture, resources and workplace flexibility. This blog post is Part III of the three-part series. Here, we’ll discuss how institutions can lean into flexible work arrangements and how flexible work can support more diverse, equitable... View Article

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

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

Mental Health Month Focus: Resources

May is Mental Health Month, and we’re homing in on three facets of higher education that impact mental health: campus culture, resources, and work flexibility. Here, in Part II of the three-part series, we’ll look at some of the barriers that prevent employees from utilizing resources, and how some approaches from the corporate world can... View Article

HR and the Courts

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

Mental Health Month Focus: Higher Ed Campus Culture

May is Mental Health Month, and we’re homing in on three facets of higher education that impact mental health: campus culture, resources and work flexibility. This blog post is Part I of the three-part series. First, we’ll discuss the importance of creating campus cultures that prioritize and promote the mental health of students, faculty and... View Article

Three Ways HR Can Promote Cultural Appreciation Over Appropriation

Cinco de Mayo is a frequently misunderstood holiday. Many Americans are quick to join in on the celebrations, but few are aware of the origin of the holiday. And while grabbing a traditional Mexican meal or a margarita today is hardly cultural appropriation, the slope can be a slippery one. Cultural appropriation — exploiting or... View Article

House Passes the Pregnant Workers Fairness Act

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

5 HR Considerations for Fall Vaccination Planning

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

Flexible Work Is the Future of Work — Seizing the “New Normal” for Increased Engagement and Productivity

This post was contributed by Bryan Garey, vice president and chief human resources officer at Virginia Polytechnic Institute and State University. A transformation of the workplace is taking place right before our eyes. From pandemic-driven urgency, workplaces are succeeding in meeting both customer expectations and employee needs through creative approaches that have redefined where, when and... View Article

HR and the Courts

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

The Future of Work in Higher Ed

If 2020 has given us anything — aside from a new appreciation for the word “pivot” — it’s proof that higher ed is just as capable of adaptation as the corporate world. Before these unprecedented times, big names like Google, Facebook and Netflix were more often at the forefront of workforce innovation conversations than were... View Article

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

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

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

The Impact of COVID-19 on Retirement Readiness for the Higher Ed Workforce

Editor’s note: Be sure to join Paul Yakoboski, senior economist at TIAA Institute, and Melissa Fuesting, survey researcher at CUPA-HR, on Wednesday, May 26 at 2:00 p.m. (ET) for the webinar, “Faculty Retirement Patterns and COVID-19: Impacts, Challenges and Opportunities.” In addition to their findings on changes to the expected retirement age for faculty, Paul... View Article

HR and the Courts

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

NLRB Withdraws Proposed Rule on Student Workers

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

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

3 Ways HR Can Help Support and Retain Working Mothers

A recent Gallup article noted that the workforce is currently down 500,000 more women than men compared to before the pandemic. The cause? Many women have left or drastically reduced their working hours to care for young children or school-age children who are learning virtually at home. That so many working mothers have left the... View Article

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

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

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

10 Creative Ways to Celebrate Employee Appreciation Day During COVID-19

Employee Appreciation Day is right around the corner (March 5). As the typical initiators of employee appreciation and recognition, HR offices are looking for creative ways to show appreciation for faculty and staff on tighter budgets and modified for the remote work environment. While the usual catered lunch or in-person awards ceremony may not be in... View Article

New CUPA-HR Brief Finds Crucial Need for Succession Planning and Focus on Diversity for the Higher Ed Skilled Craft Workforce

The higher ed skilled craft workforce possesses the skills necessary to maintain and improve the physical facilities and infrastructure of college campuses. However, the aging of this workforce and the lack of younger workers to take the place of older employees as they retire puts institutions in a challenging position to attract new talent. CUPA-HR’s Higher... View Article

HR and the Courts

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

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

Strategies to Become More Resilient in Work and Life

The time and energy it takes to lead and move multiple projects forward at our institutions and get things done on our personal checklists takes a toll on higher ed HR pros, and at times can leave us in a low place. When we reach this point, we need helpful nudges to get us back... View Article

How COVID-19 Has Impacted Faculty Retirement Patterns — Highlights From the 2020 Higher Education Financial Wellness Survey

Editor’s note: Be sure to join Paul Yakoboski, senior economist at TIAA Institute, and Melissa Fuesting, survey researcher at CUPA-HR, on Wednesday, May 26 at 2:00 p.m. (ET) for the webinar, “Faculty Retirement Patterns and COVID-19: Impacts, Challenges and Opportunities.” In addition to their findings on changes to the expected retirement age for faculty, Paul... View Article

HR Care Package — Resources for Self-Care

For HR, most of 2020 was spent adapting to the new world of work all while taking on hefty workloads to ensure our institutions continued to run smoothly during the pandemic. This constant cycle of challenging work pushed our mental health to its limits. As we step into a new year, let’s take time to... View Article

HR and the Courts

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

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

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

COVID-19-Related Emergency Relief Provisions Set to Expire in 2020

Two laws Congress passed in the spring of 2020 to provide temporary economic and regulatory relief to individuals and organizations impacted by the COVID-19 pandemic are due to expire by the end of this year. The Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) included significant... View Article

HR and the Courts

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

Summaries of November and December CUPA-HR Letters and Advocacy Efforts

In late November and early December, CUPA-HR joined the American Council on Education (ACE) and other higher education associations in sending letters to Congress and federal agencies regarding policies that significantly impact institutions of higher education. Below is a list and summaries of the letters CUPA-HR has recently signed onto. Letter to President-Elect Joe Biden... View Article

Great CUPA-HR Reads of 2020

Between pivoting with the COVID-19 pandemic, confronting racial issues, making strides toward more equitable workplaces, and managing already hectic workloads, higher ed HR has had its hands full this year. Yet in the middle of it all, resilient HR pros continue to find ways to positively impact the higher education landscape. As 2020 comes to... View Article

HR and the Courts

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

10 Ways to Be a Better Advocate for Your Institution’s LGBTQ Community

Rob Keel, policy analyst and HR communication specialist at Motlow State Community College and a 2019-20 CUPA-HR Wildfire program participant, highlights takeaways from the National LGBTQ Task Force’s Creating Change Conference to help higher ed HR pros become better resources and advocates for the LGBTQ communities on their campuses.  In January 2020, I traveled from... View Article

CUPA-HR, Other Associations Ask DOL to Rescind Flawed Rule on Prevailing Wage Minimums for H-1B Visas

On November 9, CUPA-HR and 18 other associations submitted comments regarding the Department of Labor (DOL)’s Interim Final Rule (IFR) entitled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.” DOL’s IFR was unveiled on October 8 and went into effect immediately — preventing the regulated community, including... View Article

Potential Labor and Employment Policies Resulting From the 2020 Elections

Regardless of who wins the 2020 elections, the higher education community can expect big changes in labor and employment policy. Which policy initiatives are pursued will depend on who occupies the White House and which party controls either (or both) chambers of Congress. To help CUPA-HR members navigate and understand the possible outcomes, we have... View Article

8 Practical Ways Higher Ed HR Leaders Can Build Trust

In times of uncertainty, employees turn to leaders they trust to guide the path forward. In their CUPA-HR virtual annual conference session, “Grabbing at Smoke, or Building Trust?,” Sheraine Gilliam-Holmes, executive director and chief HR officer at Austin Peay State University, and Donovan Johnson, compensation analyst at the University of Tennessee, Knoxville, and a 2019-20... View Article

HR and the Courts

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

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

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

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

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

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

HR and the Courts

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: Transgender Professor Seeks Preliminary Injunction Prohibiting State of Arizona Healthcare Plan From Denying Coverage for Medically Necessary Gender-Affirming Surgery A professor at an... View Article

August Round-Up of Important DOL Guidance and Regulations

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

HR and the Courts

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: Federal Court Dismisses In-House Attorneys’ Retaliation Claims But Allows Sex-Based Salary Discrimination Claims to Proceed A federal district court trial judge recently dismissed... View Article

Summaries of Recent CUPA-HR Letters and Other Advocacy Efforts

Over the last few weeks, the American Council on Education (ACE), with the support of CUPA-HR and other higher education organizations, sent letters to Congress and federal agencies regarding policies impacting institutions of higher education as they relate to the COVID-19 pandemic. Below is a list and summaries of the letters CUPA-HR has recently signed... View Article

Long-Term Remote Work: 3 Adjustments for HR to Consider

The global health pandemic has reshaped where, how and when we do our work. Many employers are beginning to accept that remote work is not just a temporary work arrangement, but a long-term solution for employees whose job function can be completed outside a traditional office setting. These are just a few points for HR... View Article

How HR Can Help Eliminate Racial Microaggressions in the Workplace

Have you ever heard someone at your institution say to a person of color, “When I look at you, I don’t see color?” Microaggressions such as this “colorblind” statement may not mean to intentionally demean the recipient, but intentional or not, it denies a person of color’s racial or ethnic experiences. Microaggressions were a common... View Article

Summer Reading List Recommendations From Your Higher Ed HR Peers

That professional development conference or in-person skills course you excitedly marked on your calendar at the beginning of the year may not be happening now due to COVID-19, but HR pros can still engage in professional development opportunities on their own time. A great place to start is by building a robust reading list of... View Article

National Science Foundation Revises Certain Award Terms and Conditions

In early July, the National Science Foundation (NSF) revised a number of award terms and conditions to include a post-award disclosure requirement for undisclosed current support and in-kind contribution information. Along with this new requirement, each set of terms and conditions is accompanied by a summary of changes made to that document. The NSF Award... View Article

HR and the Courts

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 Sued by Faculty Union Claiming Layoffs of Adjunct Faculty Due to the COVID-19 Pandemic Violates the Coronavirus Aid, Relief and Economic Security... View Article

Keep the Momentum Moving Forward for DEI

In recent weeks, we’ve highlighted key takeaways from CUPA-HR’s town hall meeting, Partners in Justice — We Will Not Be Silent! Leaning into uncomfortable conversations to help lead the charge for diversity, equity and inclusion (DEI) and addressing systemic racism and inequality on the individual, team and organizational levels are just two of the “nuggets”... View Article

Recent Immigration Updates

Over the past two months there have been several important actions on immigration policy. Below we provide brief summaries of the activity. USCIS Resumes Premium Processing in Phases for Forms I-129 and I-140 On May 29, U.S. Citizenship and Immigration Services (USCIS) announced it will resume premium processing in phases for Forms I-129 and eligible... View Article

Lean in to the Uncomfortable — 3 Ways Higher Ed HR Can Lead the Charge for DEI

“Get comfortable with being uncomfortable.” This sobering statement echoed throughout CUPA-HR’s recent town hall meeting, where higher ed HR panelists discussed how to tackle systemic racism on campus and urged higher ed HR pros to challenge leaders and rethink policies and procedures that perpetuate ongoing inequalities and create barriers to inclusivity. Panelists shared these three... View Article

NSF Issues Guidance on Award Salary and Benefit Payments and Suspension of Operations

On June 25, the National Science Foundation (NSF) issued guidance implementing the Office of Management and Budget (OMB)’s Memorandum M-20-26, “Extension of Administrative Relief for Recipients and Applicants of Federal Financial Assistance Directly Impacted by the Novel Coronavirus (COVID-19) Due to Loss of Operations.” OMB’s M-20-26 extends administrative relief from certain requirements under the regulations... View Article

Form I-9 and E-Verify: What’s Changed Due to COVID-19?

This past spring, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced temporary flexibility in complying with Form I-9 requirements. While the initial extension deadline was set for mid-June, DHS has again extended its policy due to continued precautions related to COVID-19. The temporary change provides Form I-9 flexibility through... View Article

Become a Better Champion for DEI by Focusing on These Three Areas

The tragic deaths of George Floyd, Breonna Taylor, Ahmaud Arbery, Rayshard Brooks and too many others have prompted a flood of angry voices demanding justice and radical change. Many of us have joined those voices in our communities. As higher ed HR leaders committed to diversity, equity and inclusion (DEI), we are also uniquely positioned... View Article

HR and the Courts

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 Dismisses Medical Resident’s Claim Under “Intercorporate Immunity Doctrine” That States Discussions of Student Performance by Faculty Members and University Officials Are... View Article