The Department of Labor (DOL) has accelerated release of proposed and final regulations as the agency strives to meet the self-imposed deadlines in the Biden administration’s Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions (Regulatory Agenda). Multiple DOL sub-agencies are issuing rules and proposed rules in July and August on independent contractor classification, overtime... View Article
On February 28, President Biden announced he would nominate Julie Su to lead the Department of Labor (DOL). Su is currently the deputy secretary of labor under Marty Walsh, who announced he would leave the agency mid-March to head the National Hockey League Players’ Association. Given previous opposition during her nomination to become deputy secretary,... View Article
As the 2022 midterm election nears, Congress has turned its focus to campaigning and essentially halted legislative action until after the election. Despite the lack of activity from Congress, federal agencies have continued to push forward with anticipated regulatory actions in the labor and employment policy area. This blog post details some of the regulatory... View Article
When August arrives, Congress leaves D.C. and heads to their home districts for the annual August recess period. To keep CUPA-HR members apprised of recent and future actions on the Hill and in federal agencies, here are highlights of the latest actions by Congress, nominations they’ll have to consider when they return, and regulations that... View Article
In May and June, CUPA-HR participated in five regional listening sessions hosted by the Department of Labor (DOL) on the anticipated Notice of Proposed Rulemaking (NPRM) to update the criteria for the “executive, administrative and professional” exemptions for overtime pay under the Fair Labor Standards Act (FLSA). The listening sessions provided regional employers the opportunity to... View Article
Members OnlyIn the Biden administration’s fall 2021 regulatory agenda, the Department of Labor (DOL)’s Wage and Hour Division (WHD) announced that it planned to release in April 2022 a Notice of Proposed Rulemaking (NPRM) changing criteria for the “executive, administrative and professional” exemptions from the overtime pay requirements under the Fair Labor Standards Act (FLSA). In... View Article
On February 17, the U.S. Department of Agriculture (USDA) issued a Notice of Proposed Rulemaking (NPRM) outlining plans to impose new HR-related conditions on USDA contracts. If finalized, the rule would require federal contractors on projects procured by the USDA to certify their compliance with dozens of federal and state labor laws and executive orders.... View Article
On February 8, CUPA-HR and 14 higher education organizations sent a letter to the Department of Labor (DOL) Wage and Hour Division (WHD)’s Acting Administrator Jessica Looman requesting that the agency engage in stakeholder meetings with the higher education community during the initial stages of the rulemaking process for the anticipated overtime rule. In December... View Article
On November 24, the Department of Labor (DOL)’s Wage and Hour Division (WHD) issued a final rule implementing President Biden’s Executive Order 14026 (EO), “Increasing the Minimum Wage for Federal Contractors.” The rule increases the minimum wage for federal government contractors for workers who work on or in connection with a covered federal contract to... View Article
On October 12, the U.S. Department of Labor Occupational Safety and Health Administration (OSHA) sent their COVID-19 Vaccination and Testing Emergency Temporary Standard Rulemaking (ETS) to the Office of Information and Regulatory Affairs (OIRA). OIRA is the White House office responsible for reviewing regulations and proposed regulations before they are publicly released. The ETS —... 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 July 15, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a nomination hearing on David Weil to serve as the administrator of the Wage and Hour Division (WHD) of the Department of Labor (DOL), as well as Gwynne Wilcox and David Prouty to serve as members of the National Labor Relations Board... 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
UPDATE: On March 22, DOL issued a proposal to further delay the effective date of the rule by 18 months or until November 14, 2022, along with corresponding proposed delays to the rule’s transition dates. DOL has provided a 30-day comment period on the proposal and announced its intention to issue a Request for Information... View Article
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
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
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
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
On October 8, the Department of Labor (DOL) issued an interim final rule effective immediately, which raises the DOL prevailing wage levels under the four-tiered wage structure. The ruling will increase the DOL prevailing wage as follows: Level I from the 17th percentile to the 45th percentile Level II from the 34th percentile to the... View Article
In early September, CUPA-HR submitted two sets of comments responding to two separate requests for information (RFIs) on job-protected leave in the United States — one from the Department of Labor (DOL)’s Women’s Bureau and the other from Wage and Hour Division (WHD). Issued in July 2020, the RFIs allowed interested stakeholders to submit comments... 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
On July 16 and 17, the Department of Labor (DOL)’s Women’s Bureau and Wage and Hour Division (WHD) each issued a request for information (RFI) seeking input from interested stakeholders on questions related to job-protected leave in the United States. The Women’s Bureau RFI focused on questions relating to paid leave state and employer policies,... 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 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
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
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
Key Issues CUPA-HR > DOL 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
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 September 26, the Senate voted 53 to 44 to confirm Eugene Scalia to serve as the secretary of labor at the Department of Labor (DOL). Scalia’s confirmation comes one week after the Senate Health, Education, Labor and Pensions (HELP) Committee held a full committee hearing on his nomination and just months after the resignation... View Article
One CUPA-HR member institution was recently the subject of a Department of Labor wage and hour investigation. While the university wishes to remain anonymous, its experience can serve as a learning opportunity for other institutions. “It seemed to come out of nowhere,” according to a member of the university’s HR department. “And the investigation got... 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 Softball Coach Granted Federal Jury Trial on Some of Her Sex Discrimination Claims, Others Dismissed A female women’s softball coach at Alabama... View Article
The Department of Labor’s Wage and Hour Division (WHD) announced on March 6 that it was preparing to unveil a new pilot program aimed at encouraging employers to voluntarily report and resolve “inadvertent” violations of minimum-wage and overtime laws under the Fair Labor Standards Act (FLSA). The new program — known as Payroll Audit Independent... View Article
On June 26, the U.S. Department of Labor announced that it will reinstate the issuance of opinion letters to employers and employees regarding application of the Fair Labor Standards Act (FLSA) and other statutes. As stated in DOL’s release, “an opinion letter is an official, written opinion by the Wage and Hour Division of how a... View Article
On April 27, the U.S. Senate confirmed Alexander Acosta as the 27th labor secretary. Acosta, who most recently served as dean of Florida International University College of Law, previously held positions in the federal government as a U.S. attorney, head of the Department of Justice’s civil rights division and, for a short time, as a... View Article
On February 25, the House Committee on Education and the Workforce held a hearing on the Every Student Succeeds Act (ESSA) where the Acting Secretary of Education, John B. King Jr., answered committee members’ questions about the Department of Education’s role implementing the law. During the hearing, Rep. Mike Bishop (R-MI) asked for the Secretary’s... View Article