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

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 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

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

Taking Care of You, Your HR Colleagues and Your Campus Community

The last several months have been like nothing we have ever experienced, as COVID-19 disrupted and reshaped our lives and our work. These work and life challenges have taken a toll on our mental health and well-being, and it is so important that we acknowledge this and find ways to address these challenges for ourselves,... 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

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

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

CUPA-HR Asks Senate to Provide Unemployment Insurance Relief for Self-Insured Colleges and Universities

On June 1, CUPA-HR joined the American Council on Education (ACE) and other higher education associations in sending a letter to Senate leaders requesting additional unemployment insurance (UI) relief for self-insured colleges and universities. The letter raises concerns with Department of Labor (DOL) guidance requiring self-insured nonprofits to pay money to state UI agencies before... View Article

AI and the Quest for a Meaningful Employee Experience

Artificial Intelligence (AI) will require the entire workforce to learn new skills, whether it’s to keep up to date with an existing role or pursue a new career as a result of automation. AI will not eliminate jobs; it will create them. And HR will be focused not only on the employee’s ability to do... View Article

Being Stronger Together Means We Must Move Talk to Action

Like millions of Americans, my heart aches and I have no words to adequately express my anger, my sadness or my frustration regarding the recent events that have shaken our country. Members of our national board recently shared the following questions. How do we help our campuses become stronger as a result of this turmoil?... View Article

Title IX Final Rule – 10 Things You Need to Know

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

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

The Importance of Upskilling During Turbulent Times

Many institutions will return to campus this fall with tighter budgets and a leaner workforce. Preparing the internal talent pipeline and keeping employee skill sets agile through upskilling will be critical to navigating these challenging times. The term “upskill” has been turning up with increasing regularity in conversations about continual learning and keeping staff current... View Article

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

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

Senate Committee Holds Hearing on Reopening American Workplaces and Schools

On May 12, the Senate Health, Education, Labor, and Pensions Committee held a hearing titled, “COVID-19: Safely Getting Back to Work and Back to School.” The hearing allowed the committee and four public health experts to discuss risks and best practices moving forward for reopening workplaces and schools as states begin to reopen their economies... View Article

IRS Increases Flexibility for Section 125 Cafeteria Plans

On May 12, the Internal Revenue Service (IRS) released two notices providing temporary increased flexibility for Section 125 Cafeteria Plans, health plans that allow workers to choose from a variety of benefits on a pre-tax basis. The first notice, Notice 2020-29, provides relief for taxpayers who are experiencing changes in their expenses due to the... View Article

SBA Releases Nondiscrimination and Additional Eligibility Criteria for the Paycheck Protection Program

On May 6, the U.S. Small Business Administration (SBA) released an interim final rule (IFR) to supplement previously issued IFRs implementing the CARES Act’s Paycheck Protection Program (PPP). The new IFR provides guidance tailored for institutions of higher education, such as additional eligibility requirements with respect to student workers and nondiscrimination obligations. The CARES Act,... View Article

Federal Government Issues Guidance on UI, SBA Loans and Offers to Return to Work

The Department of Labor (DOL), the Small Business Administration (SBA), and the Department of the Treasury (Treasury) issued guidance materials for employers and employees to help them better understand how financial assistance resources created in response to the coronavirus public health emergency will be impacted by employee rejection of reemployment opportunities offered by the employer.... View Article

CUPA-HR Report Examines Professional Leadership Positions in Higher Education

Professional leadership positions in higher education often serve as the pipeline to higher-level administrative positions. For this reason, it is crucial to examine representation among these positions. CUPA-HR’s recently released 2020 Professionals in Higher Education Annual Report surveyed 396 professional positions. Of those positions, 38 percent are leadership positions that require supervising others or directing... View Article

DOL Announces Extensions and Guidance for Employee Benefit Plans

On April 28, the Department of Labor (DOL)’s Employee Benefits Security Administration (EBSA) issued deadline extensions and other guidance under Title I of the Employee Retirement Income Security Act of 1974 (ERISA). The two notices and an FAQ document provide guidance to help benefits plan participants, sponsors and fiduciaries impacted by the COVID-19 outbreak. The... View Article

USCIS Revises Form I-9 Handbook for Employers

On April 27, the United States Citizenship and Immigration Services (USCIS) made significant updates to the Handbook for Employers: Guidance Completing Form I-9. The handbook is a valuable resource for employers regarding questions on I-9 completion and compliance and addresses many commonly asked questions by employers. The updates to the handbook are effective immediately and... View Article

CUPA-HR Advocates for Higher Ed Relief in COVID-19 Response Legislation

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 requesting the government take specific steps to help mitigate the impact of the COVID-19 national emergency on colleges and universities and their students. Below is a comprehensive... View Article

Harness the Power of Data Storytelling With These 7 Tips

We recently shared a blog post highlighting three different ways to visualize data from CUPA-HR’s Data Visualization Challenge. Data visualizations can be used to inform and persuade when tough decisions must be made — something every institution is facing during the COVID-19 crisis. Transforming raw data into eye-catching visualizations can help campus leaders identify trends... View Article

Tips for Creating an Effective Early Retirement Plan for Employees

This blog post was contributed by Linda Harber, retired CHRO from George Mason University and active CUPA-HR contributor. Planning an early retirement program for your institution is a vital part of human resource strategy and operations and can help position HR as a strategic leadership partner, especially during times like these. That said, developing an... View Article

Exploring the Presidential Pipeline in CUPA-HR Administrators in Higher Education Annual Report

As colleges and universities strive to create a more equitable and representative workforce, there has been increased emphasis on recognizing and exploring the pipeline that leads to leadership positions. The 2020 CUPA-HR Administrators in Higher Education Annual Report, released today, highlights data collected on the pipeline for three key positions: institution president/CEO, provost/chief academic officer... View Article

Student Eligibility for Unemployment Benefits

As the COVID-19 public health emergency continues, policymakers are providing new financial assistance to workers impacted by the outbreak. One form of assistance is additional unemployment compensation for both previously eligible individuals and new classes of workers. Questions remain, however, about which workers qualify to receive such benefits, including whether students who perform work for... View Article

U.S. Immigration Considerations for Colleges and Universities During the COVID-19 Crisis

This blog was contributed by Aaron Blumberg and Patrick Shen of Fragomen Government Strategies and Compliance Group. The COVID-19 public health crisis has compelled the United States and many countries to implement travel restrictions and quarantines. This raises severe immigration-related operational and regulatory compliance concerns, especially for colleges and universities who have highly diverse international... View Article

CARES Act Educational Stabilization Fund — Provisions for Higher Ed

The novel coronavirus is exacting tremendous strain on campuses across the country. Students are experiencing unprecedented disruption, and colleges and universities are confronting financial and operational upheaval. The resulting revenue losses could adversely impact institutional ability to sustain pay and benefits for faculty and staff. In light of this crisis, the American Council on Education... View Article

House Passes Coronavirus Aid, Relief, and Economic Security Act

As COVID-19 inflicts unprecedented disruption across every sector of the economy, the unemployment insurance (UI) system is undergoing extraordinary strain. The U.S. Department of Labor (DOL) reported that 3.3 million people filed for unemployment insurance during the week that ended on March 21 — the biggest spike in unemployment filings in U.S. history. Analysts predict... View Article

Congress Passes Emergency Bill That Will Continue Providing GI Bill Educational Assistance Benefits to Student Veterans Transitioning to Online Learning Due to COVID-19

On March 19, the House of Representatives passed Senate bill S. 3503, an emergency bill that will continue providing GI bill educational assistance benefits to student veterans who have had to transition to online learning for emergencies and health-related situations such as COVID-19. CUPA-HR supported the American Council on Education (ACE) in sending a letter... View Article

Behind the Scenes: How Your HR Peers Are Managing the COVID-19 Crisis

Across the country, institutions are adapting to COVID-19 by exploring and implementing solutions for business continuity, as well as care of faculty, students and staff. CUPA-HR recently asked members to share what they’re doing in response to the outbreak, what workforce conversations and actions are taking place on campus, what campus communications plans have been... View Article

What Should HR Professionals Know About the Novel Coronavirus Outbreak?

Institutions across the country are continuing to monitor the recent outbreak of the novel coronavirus (COVID-19) and communicating updates with campus stakeholders on a regular basis. They are also reviewing the need to follow up with those who have traveled to China recently and to postpone study abroad programs. HR pros can provide additional support... View Article

How Financially Sound Are Higher Ed Workers?  

While the vast majority of full-time higher education employees are saving for retirement, there’s still room for improvement. In a session at this year’s CUPA-HR Annual Conference and Expo, Paul Yakoboski, senior economist at TIAA Institute, and Rob Shomaker, vice president and chief operating officer at CUPA-HR, shared new findings on the personal finance practices... View Article

The Higher Ed Staff Workforce Is Aging

With nearly one-third of the U.S. higher education staff workforce age 55 or older, the implications are many for colleges and universities. New research by CUPA-HR on the aging of the higher ed workforce highlights some challenges institutions will likely face in the coming years as staff begin to retire in large numbers. Here’s what... View Article

NLRB Plans to Revisit Student Organizing

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

A Snapshot of the Workforce at Community and Technical Colleges

Community and technical colleges serve an important role in the U.S. higher education system. They are often an option for students who need skills development or training for specific jobs in their community; who need a more affordable college option; who want to test the waters of a college education before committing to a four-year... View Article

Skilled Crafts: The Next Job Boom in Higher Ed?

Among staff-level jobs in the nation’s colleges and universities, the skilled crafts area is growing markedly, while current skilled crafts workers are nearing retirement — making a hiring boom likely within the next decade. According to just-released findings from CUPA-HR’s 2018 Staff in Higher Education Survey, skilled crafts workers (who hold jobs like electrician, carpenter,... View Article

Where Is the Job Growth in Higher Ed?

While the employment of professionals in higher education saw an overall increase of 7 percent and grew in all areas over the past year, two areas — “other education” and “safety” — grew at a substantially faster clip than all the rest. According to just-released findings from CUPA-HR’s 2018 Professionals in Higher Education Survey, while... View Article

Strategies for Eliminating Sexual Harassment in Higher Ed (and It’s Not Simply More Training)

“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

Adjuncts in Higher Ed: The Big Picture

We know the faculty model in higher ed is changing, with adjuncts (part-time faculty) making up more and more of the faculty workforce in institutions across the country. But what does the big picture look like in terms of adjunct numbers, bargaining power and pay? Data from last year’s CUPA-HR faculty salary surveys tell the... View Article

The Post-Columbia Rush to Organize

Following the National Labor Relations Board (NLRB)’s August 23 decision in Columbia University, which held that student workers at private institutions are employees entitled to collective bargaining and other rights and protections under the National Labor Relations Act, colleges and universities have seen a rapid increase in union organizing efforts employing disparate approaches and increased... View Article