CUPA-HR Submits Comments in Response to Title IX NPRM

On September 12, CUPA-HR submitted comments in response to the Department of Education (DOE)’s Notice of Proposed Rulemaking (NPRM) to amend Title IX. The NPRM seeks to rollback and replace the Trump administration’s 2020 Title IX rule, specifically with respect to its grievance procedures, and establish expanded protections against sex-based discrimination to cover sexual orientation,... View Article

HR and the Courts – September 2022

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 Football Coach’s First Amendment Retaliatory Discharge Claim For Posting “All Lives Matter” Sign On His Office Door Proceeds A federal district court... View Article

Time Is Running Out: Help Your Employees Navigate the Special PSLF Waiver

On Oct. 6, 2021, the U.S. Department of Education announced a change to the Public Service Loan Forgiveness (PSLF) program rules for a limited time as a result of the COVID-19 national emergency. Millions of non-profit and government employees have federal student loans and may now be eligible for loan forgiveness or additional credit through... View Article

DHS Proposes Rule Permitting Alternative Options for Form I-9 Document Examination

On August 18, the Department of Homeland Security (DHS) published in the Federal Register its anticipated Notice of Proposed Rulemaking (NPRM) on optional alternative examination practices for employers when reviewing an individual’s identity and employment authorization documents required by the Form I-9, Employment Eligibility Verification. Interested stakeholders can submit comments on the NPRM through October... View Article

August Recess Roundup: Congressional and Regulatory Updates

When August arrives, Congress leaves D.C. and heads to their home districts for the annual August recess period. To keep CUPA-HR members apprised of recent and future actions on the Hill and in federal agencies, here are highlights of the latest actions by Congress, nominations they’ll have to consider when they return, and regulations that... View Article

HR and the Courts – August 2022

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 Reaches Settlement Banning Employer Collection of Family COVID-19 Testing Results — GINA Implications  In a case involving a dermatology medical practice in... View Article

The Wildfire Program Welcomes a New Cohort for 2022-23

For the higher ed HR community to thrive there must be a pipeline of early-career professionals waiting in the wings, and one way CUPA-HR equips early-career pros to grow in their role and take steps toward their career goals is through the Wildfire program. The program, sponsored in part by HigherEdJobs, is a 12-month immersive... View Article

Federal Judge Blocks Department of Education’s Title IX Guidance

On July 15, a federal judge from the U.S. District Court of the Eastern District of Tennessee issued a preliminary injunction blocking enforcement of the Department of Education’s Title IX guidance that prohibits discrimination on the basis of gender identity and sexual orientation. Specifically, the ruling blocks enforcement of a June 2021 Notice of Interpretation... View Article

More Than Half of College and University Employees Say They Are Likely to Look for Other Employment in the Near Future

New research from CUPA-HR shows that higher education institutions are in the midst of a talent crisis, as many staff, professionals and administrators are considering other employment opportunities due to dissatisfaction with their pay, their opportunities for advancement, their institutions’ remote and flex work policies, and more. The newly published research report, The CUPA-HR 2022... View Article

The Emerging CUPA-HR Leaders Program Welcomes a New Cohort for 2022-23

The goal of CUPA-HR’s Emerging CUPA-HR Leaders program is to identify potential volunteer leaders who have shown exemplary leadership and initiative within higher ed HR and exhibit the desire to play an active role in advancing the profession. Invited participants have the unique opportunity to engage in problem-solving work groups and develop deep networks with... View Article

HR and the Courts – July 2022

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. Long Awaited Title IX Regulations Issued On Thursday, June 23 the Biden administration’s Department of Education issued its long anticipated new Title IX... View Article

DOL Targets October 2022 for Release of a New Overtime Proposal

On June 21, the Biden administration released the anticipated Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions (Regulatory Agenda), providing the public with a detailed glimpse into the regulatory and deregulatory activities under development across approximately 67 federal departments, agencies and commissions. Agendas are generally released in the fall and spring and set target... View Article

CUPA-HR Welcomes a New Board of Directors for 2022-23

As we prepare for a new year at CUPA-HR, we want to take a moment to introduce our board of directors for 2022-23 and thank those who have served on the board over the past year. The board, which guides the association’s strategic priorities, is an incredible team of higher ed HR leaders who are... View Article

Department of Education Releases Title IX Proposed Rule

On June 23, the Department of Education released the highly anticipated Notice of Proposed Rulemaking (NPRM) to amend Title IX. The NPRM proposes to replace the Trump administration’s 2020 Title IX rule and establishes safeguards for transgender students by proposing a ban on “all forms of sex discrimination, including discrimination based on sex stereotypes, sex... View Article

DOL Secretary Testifies in House and Senate Committee Hearings

On June 14 and 15, the House Education and Labor Committee and Senate Appropriations Committee’s Subcommittee on Labor, Health and Human Services, Education, and Related Agencies held hearings on policies and priorities of the U.S. Department of Labor (DOL), as well as President Biden’s Fiscal Year 2023 Budget Request for DOL. In both hearings, Secretary... View Article

CUPA-HR Participates in DOL Overtime Regional Listening Sessions

In May and June, CUPA-HR participated in five regional listening sessions hosted by the Department of Labor (DOL) on the anticipated Notice of Proposed Rulemaking (NPRM) to update the criteria for the “executive, administrative and professional” exemptions for overtime pay under the Fair Labor Standards Act (FLSA). The listening sessions provided regional employers the opportunity to... View Article

HR and the Courts – June 2022

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 to Determine Scope of Highly Paid Executive Employee Exemption Under the Fair Labor Standards Act (FLSA) The U.S. Supreme Court will... View Article

HEERF Funds Can Be Used to Support Mental Health Resources

On May 19, the U.S. Department of Education released an FAQ document which confirms that Higher Education Emergency Relief Fund (HEERF) monies can be used to support the mental health of faculty, staff, and students. The document addresses commonly asked questions and provides specific examples on how some institutions have already used HEERF funding to... View Article

HR and the Courts – May 2022

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. Anxiety and PTSD Driving Increase in Both Accommodation Requests and Mental Health Discrimination Bias Claims Under the Americans With Disabilities Act The EEOC... View Article

DHS to Temporarily Increase the Automatic Extension Period of Work Permits for Certain Visa Applicants

Effective May 4, U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) to increase the automatic extension period of expiring employment authorization documents (EADs) for certain renewal applicants from 180 days to 540 days. Specifically, the TFR applies to three groups of applicants in EAD categories currently eligible for the previous 180-day automatic... View Article

2022 Data: Changes in Higher Ed Pay and Workforce Size

CUPA-HR has released its data on overall higher ed pay increases, as well as changes in workforce size for 2021-22. Higher Ed Pay Increases Have Not Kept Pace With Inflation The soaring inflation rate has far outpaced pay increases for the higher education workforce. According to findings from CUPA-HR’s annual workforce surveys for 2021-22, overall... 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 to Decide Whether a Non-Citizen Applicant for U.S. College Soccer Coaching Position Is Covered Under U.S. Anti-Discrimination Laws  The U.S.... View Article

Reauthorization of Violence Against Women Act Signed Into Law

On March 15, President Biden signed into law the Violence Against Women Act (VAWA) Reauthorization Act of 2022. The legislation reauthorizes all current VAWA grant programs through 2027 and was included in the omnibus appropriations package, which provided $1.5 trillion to fund the federal government for fiscal year 2022. Several of the VAWA Reauthorization Act’s... View Article

President Biden Nominates Kalpana Kotagal to Serve as EEOC Commissioner

On April 1, President Biden announced his intention to nominate Kalpana Kotagal to serve as a commissioner on the Equal Employment Opportunity Commission (EEOC). If confirmed, Kotagal would give the EEOC Democratic control for the first time under the Biden administration, as she would fill the seat currently held by Janet Dhillon, a Republican appointee... View Article

DOL to Host Regional Listening Sessions for Proposed Overtime Rule Regulations

In the Biden administration’s fall 2021 regulatory agenda, the Department of Labor (DOL)’s Wage and Hour Division (WHD) announced that it planned to release in April 2022 a Notice of Proposed Rulemaking (NPRM) changing criteria for the “executive, administrative and professional” exemptions from the overtime pay requirements under the Fair Labor Standards Act (FLSA). In... 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. National College Players Association Files Unfair Labor Practice Charges Against the NCAA and Multiple Public and Private Colleges, Asserting College Basketball and Football... View Article

National Women’s History Month: Past and Present Higher Ed HR Trailblazers

National Women’s History Month celebrates the contributions and achievements women have made throughout U.S. history. CUPA-HR is fortunate to have had many smart and dedicated women serve on its national, regional and chapter boards and on various committees. In addition to providing leadership at work, they have volunteered their time and shared their know-how —... View Article

New Report on the Representation of Women and Racial/Ethnic Minorities in the Workforce of Minority-Serving Institutions

Minority-serving institutions (MSIs) play an important role in ensuring students from underrepresented races and ethnicities receive a quality education. While there is an abundance of research on students who attend MSIs, little research has examined the MSI workforce, specifically, how the racial/ethnic representation of faculty, administrator, professional and staff reflects the student populations being served.... View Article

National College Players Association Files Charges Seeking Employee Status for Student-Athletes

On February 8, the National College Players Association (NCPA), an advocacy association for college athletes, filed unfair labor practice charges with the National Labor Relations Board (NLRB) against the University of Southern California, the University of California, Los Angeles (UCLA), the Pac-12 Conference and the National Collegiate Athletic Association (NCAA). The charges allege that the... 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. U.S. Supreme Court to Review Harvard and UNC Affirmative Action Admission Policies In Consolidated Case  The U.S. Supreme Court agreed to hear and... View Article

White House Announces Actions to Attract STEM Talent

On January 21, President Biden announced several agency programs at the Department of State (DOS) and Department of Homeland Security (DHS) to help international STEM students and researchers access certain non-immigrant visas to allow them to study and work in the United States. The programs aim to admit and retain more international scholars to help... View Article

New Research Shows Women in the Leadership Pipeline in Higher Education Have Better Representation and Pay in Institutions With Female Presidents and Provosts

New research by CUPA-HR has found that U.S. colleges and universities with women presidents or provosts have higher representation of women in administrative, dean and faculty positions than institutions led by men. The study also found that colleges and universities with women presidents have higher pay for women in administrative positions than institutions led by... View Article

Supreme Court Blocks OSHA Vaccine and Testing ETS and Upholds CMS Healthcare Worker Vaccine Mandate

On January 13, the U.S. Supreme Court blocked enforcement of the Occupational Safety and Health Administration (OSHA)’s Emergency Temporary Standard (ETS) that would mandate vaccines or testing requirements for employers with 100 or more employees, but reinstated enforcement of the Centers for Medicare and Medicaid Services (CMS)’s mandate that would require COVID-19 vaccinations for healthcare... 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. NCAA Loses Appeal For Expedited Ruling Denying Student-Athletes’ Minimum Wage FLSA Claims — Claims Move to Federal Court Trial  The National Collegiate Athletic... View Article

Biden Administration Releases Fall 2021 Regulatory Agenda

On December 10, the Biden administration issued the Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions (Regulatory Agenda), providing the public with insights on what various federal agencies expect to work on in terms of regulatory activity in the near- and long-term. In an effort to keep members apprised of upcoming noteworthy regulatory actions,... View Article

EEOC Adds Technical Assistance Guidance to Clarify When COVID-19 Is Considered a Disability Under the ADA

On December 14, the Equal Employment Opportunity Commission (EEOC) released additional COVID-19 technical assistance to clarify certain circumstances under which employers and employees may consider COVID-19 a disability under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The guidance, which is presented in a Q&A format, focuses broadly on the definition of disability... View Article

Federal Court Reinstates OSHA Vaccination and Testing ETS

On December 17, the 6th U.S. Court of Appeals vacated the 5th Circuit Court’s emergency motion to stay the Occupational Safety and Health Administration (OSHA)’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), paving the way for OSHA to continue implementing and enforcing the vaccination and testing requirements for covered employers with 100 or more employees.... View Article

DHS Extends I-9 Flexibility Guidance Another Four Months

On December 15, 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 December 31, 2021, has been extended through April 30, 2022. The guidance will continue to allow for remote inspection of... 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 Contractor Vaccine Mandate Blocked Nationwide By Georgia Federal Court, Georgia Universities Testified in Favor of the Injunction A federal district court judge... View Article

DOL Issues Final Rule to Increase Federal Contractor Minimum Wage

On November 24, the Department of Labor (DOL)’s Wage and Hour Division (WHD) issued a final rule implementing President Biden’s Executive Order 14026 (EO), “Increasing the Minimum Wage for Federal Contractors.” The rule increases the minimum wage for federal government contractors for workers who work on or in connection with a covered federal contract to... View Article

Biden Administration’s Vaccine Mandates Face Legal Challenges in Court

Over the past several months, the Biden administration announced and implemented several vaccine and testing mandates for federal workers, federal contractors and private employers. States and business stakeholders quickly responded with lawsuits against the administration’s mandates, which continue to be challenged in courts around the country. To keep CUPA-HR members apprised of the legal challenges,... 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 Appeals Court Panel Expresses Skepticism Regarding New York City Teachers’ Challenge to the Constitutionality of the New York City Vaccine Mandate for... View Article

OSHA Emergency Temporary Standard and CMS Interim Final Rule on Vaccination Requirements Released

On November 4, the Department of Labor’s Occupational Safety and Health Administration (OSHA) and the Department of Health and Human Services’ Centers for Medicare & Medicaid Services (CMS) issued their highly anticipated Emergency Temporary Standard (ETS) and interim final rule (IFR) setting vaccination requirements for employers with 100 or more employees and healthcare workers, respectively.... View Article

DHS Issues Request for Public Comment on Form I-9 Employment Verification

On October 26, 2021, the Department of Homeland Security (DHS) issued a Request for Public Input (RPI) “seeking comments from employers, employer organizations, employee groups, and other members of the public on document examination practices for Form I-9, Employment Eligibility Verification.”  The RPI is the agency’s next step in determining whether the remote document examination... View Article

House Passes Bill to Increase Workplace Protections for Nursing Mothers

On October 22, 2021, the House of Representatives passed H.R.3110, the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act. The bill passed by a bipartisan vote of 276-149 and was supported by business groups such as the U.S. Chamber of Commerce and advocacy organizations, including the American Civil Liberties Union. As originally written, the... 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. 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

OSHA Issues Emergency Standard for Healthcare, Updates General Industry Guidance

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

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

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

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

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

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

Boost Your Pay Equity Know-How By Tapping Into These Resources

Today, March 24, is Equal Pay Day. Originated by the National Committee on Pay Equity, Equal Pay Day is meant to bring awareness to how far into the year women working full-time must work to earn what men earned in the previous year. One way CUPA-HR strives to build awareness around pay equity is by... 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