The Higher Ed Workplace Blog

Last year brought major changes to the higher education landscape. Turnover reached a peak, prompting more attention than ever to retention and recruitment, while looming policy changes in overtime pay and Title IX regulations further complicated long-term planning. And, though it may feel like unprecedented change is the new normal, timeless HR topics like onboarding and compensation strategy also captured readers’ attention in 2023. We’ve rounded up the CUPA-HR articles, resources and research that defined 2023 and will continue to shape your 2024. These are the most-viewed stories on our website as well as some resources you may have missed.

December was a busy month for immigration-related developments, with several important updates that have implications for the higher education sector. Updates include CUPA-HR’s comments on possible changes to the H-1B visa program; the State Department’s extension and expansion of the visa interview waiter program; the Department of Labor’s request for feedback on potential updates to Schedule A job classifications that exempt certain roles from the standard labor certification requirements; and the Department of State’s pilot program to resume domestic visa renewal for H-1B nonimmigrant visa applicants who meet certain requirements.

On January 10, the Department of Labor’s (DOL) Wage and Hour Division (WHD) published the highly anticipated rule modifying the test for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The final rule rescinds the current “core factors” method for determining independent contractor status under the FLSA and implements a return to a “totality-of-the-circumstance analysis.” 

Through December and into the new calendar year, federal government leaders kept busy with Congressional hearings and markups, new legislation, and proposed and final rules focusing on issues that may be of significance to higher education HR professionals. CUPA-HR tracked several actions from both Congress and federal agencies on issues including paid family leave, short-term Pell Grants, the Pregnant Workers Fairness Act, and workforce development.

CUPA-HR General Counsel Ira Shepard’s overview this month includes several recent court decisions. A medical school surgeon was awarded $15 million after claiming anti-male bias in a harassment investigation. A fired associate athletic director alleging race and sex discrimination, retaliation, and a hostile work environment against LSU is allowed to move forward with some claims. The NCAA has proposed a plan to allow institutions to pay student-athletes without addressing ongoing FLSA or NLRA claims. A religious discrimination case against Princeton, related to COVID-19 protocols, has been dismissed. An appeals court reversed the dismissal of a former soccer coach’s age discrimination complaint against UMass. A California nurse was awarded $41.5 million in damages in a case alleging retaliatory discharge.

In this last update of 2023, CUPA-HR General Counsel Ira Shepard’s overview features six cases. The University of California considers whether to test the constitutionality of hiring undocumented workers. Collins College of Texas prevails in a First Amendment suit brought by a professor whose contract was not renewed. A law professor sues Northwestern University for salary-based age discrimination. An NLRB decision allowing Tesla employees to wear union shirts is overturned. The other two cases involve disability accommodation and wrongful termination.

The Biden administration has released the Fall 2023 Regulatory Agenda, setting target dates for upcoming regulatory action, mainly for the first half of 2024. Among these are the final rules for FLSA overtime pay regulations and expanded Title IX regulations, as well as many other regulatory actions affecting higher education.

An analysis of two decades worth of CUPA-HR data on gender and pay in higher ed administrative roles paints a troubling picture of pay equity. In 2022, women made up 51% of administrators in college and universities, but they were paid 93 cents for each dollar a man in an administrator position was paid. This represents an increase of just 3 cents from 2002, when women made 90 cents for each dollar a man was paid.

A growing interest in artificial intelligence and its potential impact on the workforce has sparked action by policymakers at the federal level. An executive order from the Biden administration and a Senate committee hearing on AI focus on the ethical deployment of AI and the implications of the technology for the future of work.

On October 25, the Senate Finance Committee held a hearing on federal paid leave. This comes as congressional Democrats and Republicans have shown interest in finding bipartisan consensus for a federal paid leave program. The hearing also provided policymakers and witnesses the opportunity to discuss the promise and drawbacks of paid leave proposals.