The Higher Ed Workplace Blog

During calendar year 2023, union organizing continued to rise at institutions of higher education. Data from the National Labor Relations Board on union organizing show that 31.2% of all private-sector workers who successfully unionized in 2023 were employed by institutions of higher education. To provide an update regarding collective bargaining at private colleges and universities across the country, CUPA-HR’s government relations team has compiled the following NLRB data from 2023 and early 2024 to summarize organizing activity.

On March 1, the Department of Labor sent the highly anticipated final rule to update Fair Labor Standards Act overtime regulations to the Office of Information and Regulatory Affairs for review. This is a required step in the regulatory process and acts as one of the last steps prior to releasing the text of the regulation to the public. In most cases, reviews take 30 to 60 days, which means the final rule could be released as early as the end of March or in April.

The motto at Hudson County Community College is “Hudson is Home,” a saying created by their students that reflects HCCC’s commitment to community across their three New Jersey campuses. Located in one of the densest and most ethnically diverse counties in the country, HCCC uses inclusive strategies to boost employee recruitment and retention.

On February 23, a federal judge with the District Court for the Eastern District of Tennessee issued a preliminary injunction barring the NCAA from enforcing its rules prohibiting name, image and likeness compensation for recruits. The injunction applies nationwide. The policy in question prohibited student-athletes from negotiating and signing NIL contracts prior to enrolling at a college or university. This meant NIL compensation could not be used to “induce” a recruit to a specific school. This policy stood in contrast to the NCAA’s policy for student-athletes already enrolled at a college or university, who, as of 2021, have been allowed to seek NIL compensation.

On January 30, the Department of Defense, General Services Administration, and NASA issued a proposed rule to amend the Federal Acquisition Regulation (FAR) to create a salary history ban and require pay transparency during the hiring process for federal contractors and subcontractors. The proposed rule aligns with the Biden administration’s 2022 Executive Order , “Advancing Economy, Efficiency, and Effectiveness in Federal Contracting by Promoting Pay Equity and Transparency.”

CUPA-HR General Counsel Ira Shepard’s overview this month covers a significant development: the NLRB’s first-ever ruling classifying student-athletes as employees in a case involving the Dartmouth College men’s basketball team. In other labor relations news, SpaceX challenges the constitutionality of the NLRA, and the NLRB seeks to bring more religious institutions of higher ed under its jurisdiction. Court summaries include an appeals court decision reversing the dismissal of a tenured biology professor’s contract violation claim, a case concerning a university employee’s free speech right to speak to the press, and a ruling that a Yale medical school professor’s claim of gender discrimination can proceed to trial.

Even though it’s not mentioned in the job description, stress management is no doubt a daily part of your life in higher ed HR. Prioritizing well-being is also at the forefront of strategies to retain and recruit talent. CUPA-HR has found that 56% of higher ed employees are at least somewhat likely to look for a new position in the coming year, and the strongest predictors of retention are factors related to job satisfaction and well-being. This Valentine’s Day, treat yourself and your team to the gift of well-being by participating in three wellness-focused virtual events.

From an HR perspective, faculty positions can often look very different from other professional and staff roles on campus, especially when it comes to those faculty on the tenure track. But as HR’s role in academic staffing expands, it’s critical to understand tenure and its role in supporting academic freedom, says Joerg Tiede, the director of the department of research and public policy with the American Association of University Professors (AAUP). In his recent CUPA-HR webinar, Tenure: Past, Present and Future, Tiede explains the nuances of tenure and academic freedom through an HR lens. Here are some key takeaways.

On February 2, 2024, the Department of Education sent its highly anticipated Title IX final rule to the White House Office of Information and Regulatory Affairs for review. OIRA review is the final step before the Title IX rule is published. While ED’s final rule is being reviewed, the public is not provided with any specific details on changes to the proposed rule. However, interested stakeholders can request a meeting with the administrator while a rule is under review.

On January 30, 2024, the Department of Homeland Security (DHS) announced a final rule to implement a new beneficiary-centric selection process for H-1B registrations. This rule, which also introduces start date flexibility for certain H-1B cap-subject petitions and additional integrity measures, is scheduled for publication in the Federal Register on February 2, 2024, and will become effective 30 days later.