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. Unionization Increases to Record Levels, Largely Driven by Graduate Students and Medical Interns Unionization in the first six months of 2023 reached near... 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. NLRB Issues a Formal Complaint Alleging College Football and Basketball Players Are Employees and Can Petition to Unionize The NLRB regional director 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. University’s Internal Investigation of Pay Equity Claims Protected By Attorney-Client Privilege — EEOC Fails In Attempt to Require Disclosure of Documents A federal district... 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. 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
WEBINARS CUPA-HR > COVID-19 “COVID-19 Vaccines for Faculty and Staff: What Higher Ed Employers Need to Know” Wednesday, April 7 | 1:00-2:00 p.m. ET Sponsored by WATCH NOW Webinar Materials Presentation Slides Additional Materials (Includes Webinar Poll Results and Sample Policies) Mandating or strongly recommending COVID-19 vaccinations for faculty and staff raises a host of... View Article
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
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
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
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
The content in this blog post is for general information purposes only and should not be considered legal advice. Specific legal questions should be directed to your institution’s legal counsel. In a recent CUPA-HR webinar, “Avoiding ADA Compliance Pitfalls in a COVID-19 World,” 71 percent of polled participants said they are somewhat worried and 22... 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
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
In early August, federal judges in the Southern District of New York and the District of Columbia’s circuit court denied two requests from the State of New York and 18 state attorney generals to delay the August 14 effective date of the new Department of Education Title IX rule while the rule continues to be... View Article
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
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: University Sued by Faculty Union Claiming Layoffs of Adjunct Faculty Due to the COVID-19 Pandemic Violates the Coronavirus Aid, Relief and Economic Security... View Article
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
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
COVID-19 has changed nearly every aspect of our daily lives, from how we work and commute, to how we teach our children, shop and connect with our communities. And while the majority of us are looking forward to a swift return to normalcy, we must acknowledge that the world we return to post-pandemic will not... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Federal Court Dismisses Medical Resident’s Claim Under “Intercorporate Immunity Doctrine” That States Discussions of Student Performance by Faculty Members and University Officials Are... View Article
Teleworking arrangements necessitated by COVID-19 were an entirely new experience for many higher ed employees. While some may have initially struggled to adjust to a virtual workspace, shelter-in-place directives have given workers time to settle into this new way of work — just in time to shake things up again. Now, institutions are thinking about... 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 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
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
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
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
CUPA-HR Vice President and Chief Learning Officer Sissy Meredith is back again with Ira Shepard, CUPA-HR’s general counsel and of counsel at Saul Ewing Arnstein and Lehr, this time with a focus on health and safety considerations for returning to campus, including developing or updating policies and protocols for personal protective equipment, temperature checks, employee... View Article
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 President and CEO Andy Brantley catches up with Sheraine Gilliam-Holmes, executive director and chief human resources officer at Austin Peay State University in Tennessee. Sheraine shares how the HR team collaborated with colleagues across the university to create programming that engages APSU parents working remotely to acknowledge the challenges of working from home with... 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
CUPA-HR Vice President and Chief Learning Officer Sissy Meredith catches up with Ira Shepard, CUPA-HR’s general counsel and of counsel at Saul Ewing Arnstein and Lehr, about key considerations in planning for faculty and staff to return to campus. As Ira points out, HR is in a unique position to take the lead in developing... View Article
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
CUPA-HR Vice President and Chief Operating Officer Rob Shomaker catches up with Jay Stephens, vice president for human capital services at Kansas State University, to find out how Kansas State is planning for the return to campus. Central to the university’s planning efforts is building a framework of criteria based on the university’s guiding principles.... View Article
CUPA-HR President and CEO Andy Brantley catches up with Jenna Elmer, assistant director for HR in facilities management at The University of Arizona. Jenna shares thoughts on listening, leading with grace, and helping each employee find a way to be active in the fight, whether it’s the person pulling on the hazmat suit, a supervisor... View Article
Wes Harmon, senior manager of learning and professional development at CUPA-HR, catches up with Heather Hart, executive director of human resources at Ivy Tech Community College of Indiana-Lafayette. Heather shares ways her institution communicated across their 18-campus system and the work plans they developed to assist with identifying gaps and strategically deploying resources and people.... View Article
Wes Harmon, senior manager of learning and professional development at CUPA-HR, catches up with Janet May, chief human resources officer at Houston Community College. Janet shares ways that HCC has promoted well-being among faculty and staff by keeping the lines of communication open and consistently promoting flexibility, kindness, consideration and compassion. Related Resources COVID-19 Resources... View Article
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
CUPA-HR President and CEO Andy Brantley catches up with Susan Norton, vice president for human resources at Augusta University in Georgia. Susan shares how Augusta’s definition of essential vs. reserved employees has evolved, and how the university is working to clarify leave and telework options for employees with a quick-reference chart and more. Related Resources... 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
CUPA-HR President and CEO Andy Brantley catches up with Theresa Elliot-Cheslek, vice president and chief human resources officer at Washington State University. WSU was one of the first institutions to move large numbers of employees to remote work arrangements in response to the COVID-19 crisis, and Theresa shares how they’re making it work. Related Resources... View Article
Key Issues CUPA-HR > COVID-19 DOL and IRS Issue April 1 Guidance on FFCRA Leave April 1, 2020 (WASHINGTON INSIDER ALERT) - On April 1, the Department of Labor (DOL), the Treasury Department, and the IRS issued additional guidance on the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act,... 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
For most institutions, the onset of the COVID-19 crisis required rapid response on countless fronts, including moving a substantial number of employees to full- or part-time work from home. However, as the technical and logistical dust has settled, and the reality of long-term remote work has set in, many teams have wrestled with finding a... 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