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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
On December 27, President Trump signed an additional round of COVID-19 relief legislation into law. The bill was part of a larger legislative package that funded the government through September 30, 2021, and is the first COVID-19 bill enacted since the March 2020 CARES Act. Many provisions in the new bill extend and modify unemployment... View Article
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
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
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
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
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
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
CUPA-HR Vice President and Chief Operating Officer Rob Shomaker is back again with Jay Stephens, vice president for human capital services at Kansas State University. Jay explains how Kansas State is moving from crisis mode to focusing on the future and offers advice on planning for a fall return to campus. Related Resources Preparing for... View Article
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
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
On May 19, 2020, the Centers for Disease Control and Prevention (CDC) published detailed guidelines for reopening schools and businesses that were closed due to stay-at-home orders resulting from the coronavirus pandemic. The 60-page document summarizes the agency’s initiatives, activities and tools in support of the Whole-of-Government response to COVID-19 and also provides specific guidance... View Article
In March, many colleges and universities had policies and procedures in place that provided guidance for moving to online instruction and telework arrangements while ensuring that their communities stayed safe and well. However, now, as we pivot toward fall, we’re in uncharted territory. Enrollment and budget shortfalls are likely, and COVID-19 will continue to be... View Article
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
On April 1, the Department of Labor’s Wage and Hour Division (WHD) released a temporary rule on the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA), both of which are part of the Families First Coronavirus Response Act (FFCRA). The rule provides additional guidance that builds on... View Article
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
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
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
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
On March 11, the House Education and Labor Committee will hold a hearing titled, “The Healthy Families Act (H.R. 1784): Examining a Plan to Secure Paid Sick Leave for U.S. Workers.” The hearing is scheduled to take place as COVID-19 spreads throughout the U.S. and as Congress and the White House contemplate measures to address... View Article
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
On August 16, CUPA-HR and six other higher education associations submitted comments in response to a Federal Register notice titled “Reporting Requirements Regarding Findings of Sexual Harassment, Other Forms of Harassment or Sexual Assault.” The notice, which was published on July 17, 2019, proposes the “implementation of new reporting requirements … to help ensure research environments to... View Article
Editor’s note: You may have missed this article when we published it in September 2017. It’s been updated here with additional resources and related content. The start of the fall semester is already a busy time for colleges and universities around the country, but throw in the mix an unforeseen circumstance, like a natural disaster,... View Article
Congress has acted twice to delay the 40 percent excise tax on high-value employer-provided healthcare coverage, known as the “Cadillac tax,” yet the latest effective date of 2022 looms. The Cadillac tax was signed into law as part of the Affordable Care Act (ACA) and was originally scheduled to take effect in 2018, but was... View Article
Editor’s note: You may have missed this article when we published it in 2015. It’s been updated here with additional resources and related content. “Active shooter situation – campus on lockdown.” These are some of the most terrifying words you could ever hear. Unfortunately, too many campuses across the country have faced this reality. According... View Article
At the University of Kansas, many students and university employees climb hundreds of steps up a 400-foot incline, dubbed “The Hill,” to get to class or work. For those with mobility issues, however, this incline presents a challenging navigational puzzle. When Catherine E. Johnson joined the university as the director of the ADA Resource Center... View Article
Another year down, and a new one underway! As you jump back into your work in this new year, we hope you’ll take some time to read about some of the great work your HR colleagues are doing at colleges and universities around the country. CUPA-HR’s The Higher Education Workplace magazine and Higher Ed Workplace blog highlight new and innovative... View Article
While there are numerous signs of the semester winding down, there are likely as many (or more!) signs that the holiday season is in full swing. This time of year may be a time for celebration, but it can also be incredibly stressful — for everyone. A recent survey by Accountemps found that while 51... View Article
According to data from the Center for Collegiate Mental Health, the number of college students seeking mental health counseling services on campus increased by nearly 30 percent from 2009 to 2015. Similarly, a new study by the American Psychiatric Association found that the rate of treatment of college students for mental health issues rose from... View Article
Several major news outlets covered the recent kerfuffle of a Frontier Airlines passenger attempting to fly out of Orlando, Florida, with her emotional support squirrel seated with her. The passenger indicated at the time of her reservation that she would be traveling with an emotional support animal but failed to disclose it was a squirrel... View Article
When it comes to creating a safe, inclusive, equitable campus, culture is the bottom line. But changing the culture and transforming the mindset of an enterprise as large and complex and multifaceted as a higher education institution certainly doesn’t happen overnight — it’s a slow and steady journey. While helping their colleges and universities navigate... View Article
This article was prepared in recognition of National Preparedness Month. However, as our colleagues in North and South Carolina deal with the aftermath of Hurricane Florence, Houston Community College’s story resonates for its lessons on both preparedness and recovery. On August 25, 2017, Hurricane Harvey made landfall on the Texas Gulf Coast. For the next... View Article
The “Me Too” movement has prompted a heightened awareness of and national conversation around unequal treatment and inappropriate or criminal sexual conduct in the workplace, and many colleges and universities have strengthened their resolve to eliminate these unacceptable behaviors on their campuses. To create an environment where harassment, incivility, inequality and bias are neither welcome... View Article
This blog post was contributed by Maureen J. Gleason, president of American Behavioral It seems that everywhere you look these days, cases of bullying and sexual harassment are making headlines. From school teachers to celebrities to distinguished politicians, example after example of bad behavior are coming to light. The #MeToo movement is a reflection of... View Article
At CUPA-HR’s annual conference last fall, two Title IX coordinators from Rosemont College — Jane Federowicz and Matthew Baker — shared their outline for training Title IX investigators on campus (you can read about that in this blog post). Here, they continue the conversation and share the steps they take when investigating Title IX claims... View Article