On March 14, Senator Bernie Sanders (I-VT) and Senator Laphonza Butler (D-CA) introduced the Thirty-Two-Hour Workweek Act, which would amend the Fair Labor Standards Act to reduce the standard workweek from 40 hours to 32 hours, while also providing that workers do not lose pay as a result of the reduced hours. A nearly identical... View Article
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... View Article
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... View Article
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... View Article
On August 30, the Department of Labor (DOL) announced a new proposed update to the salary threshold for the “white collar” exemptions to the Fair Labor Standards Act’s (FLSA) overtime pay requirements. DOL proposes raising the minimum salary threshold from its current level of $35,568 annually to $55,068 — a nearly 55% increase. It also... View Article
On June 14, the Biden administration released its Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions (Regulatory Agenda), providing the public with an update on the regulatory and deregulatory activities under development across approximately 67 federal departments, agencies and commissions. This release serves as the first Regulatory Agenda for the 2023 year, setting target... View Article
Over the past year, lawmakers have taken an increased interest in establishing and expanding upon benefits and protections for paid leave and pregnant workers. As a result, Congress passed two bills granting workplace protections to pregnant and nursing mothers at the end of 2022, while considering new federal proposals for paid family and medical leave.... View Article
On March 16, the Department of Labor’s Wage and Hour Division (WHD) will present a webinar titled “The PUMP for Nursing Mothers Act: What Advocates and Employers Need to Know.” The free webinar is intended to provide resources and tools to assist employees who wish to continue breastfeeding after returning to work and to help... View Article
After a month in session, the U.S. House of Representatives and Senate are finalizing their committee and subcommittee membership rosters. Of particular significance are the House Education and the Workforce Committee and Senate Health, Education, Labor and Pensions (HELP) Committee, which have jurisdiction over higher education and many labor and employment issues, including overtime, paid... 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 to Determine Scope of Highly Paid Executive Employee Exemption Under the Fair Labor Standards Act (FLSA) The U.S. Supreme Court will... 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. National College Players Association Files Unfair Labor Practice Charges Against the NCAA and Multiple Public and Private Colleges, Asserting College Basketball and Football... View Article
On October 22, 2021, the House of Representatives passed H.R.3110, the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act. The bill passed by a bipartisan vote of 276-149 and was supported by business groups such as the U.S. Chamber of Commerce and advocacy organizations, including the American Civil Liberties Union. As originally written, 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. Several States Consider Legislation Aimed at Softening Federal Workplace Vaccine Mandates The Arkansas legislature recently passed legislation which would soften the federal employer... View Article
In the December 16, 2019, Federal Register, the U.S. Department of Labor’s Wage and Hour Division (WHD) published its final rule clarifying and updating the regulations governing the regular-rate requirements under the Fair Labor Standards Act (FLSA).* Generally, the FLSA requires overtime to be paid at a rate that is at least one and one-half... View Article
Following the U.S. Department of Labor (DOL)’s Wage and Hour Division (WHD)’s release of the Fair Labor Standards Act (FLSA) overtime proposal, the agency has continued to march ahead with its regulatory agenda, issuing six new opinion letters and two proposed rules within the last three weeks. Opinion Letters WHD issued new opinion letters on... 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: Wife of Former Sheriff Loses First Amendment Right-to-Intimate-Association Lawsuit Following Discharge From the Sheriff’s Department After Her Husband Resigned Because of Allegations of... View Article
On August 28, the Department of Labor (DOL)’s Wage and Hour Division (WHD) issued six new opinion letters to address compliance issues under both the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). As WHD states, “an opinion letter is an official, written opinion by WHD on how a particular law... 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
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: States Consider Sexual Harassment Remedies and Prevention Reforms to Supplement Title VII With the advent of the “me too” movement, many state legislatures... View Article
Key Issues CUPA-HR > FLSA DOL Appeals Judge's Ruling on FLSA Overtime Rule DECEMBER 2, 2016 (WASHINGTON INSIDER ALERT) - On December 1, the Department of Labor announced that it will appeal a federal judge's preliminary injunction that halted the implementation of the new FLSA overtime rule changes. Here is a link to the DOL's notice... View Article
Key Issues CUPA-HR > FLSA Texas Court Strikes Down Overtime Rule (Again) SEPTEMBER 1, 2017 (WASHINGTON INSIDER ALERT) - Yesterday, Judge Mazzant of the United States District Court for the Eastern District of Texas struck down the U.S. Department of Labor (DOL)'s May 2016 regulation which would have doubled the minimum salary employees must received... View Article
Members OnlyExecutive employees are those employees whose roles frequently and customarily entail major authority or decision-making power within an organization. These employees are typically highly compensated due to the nature, responsibility and influence inherent in their positions. Executive compensation packages may be made up of a variety of direct compensation, indirect compensation, and benefits offerings, such... View Article
Members OnlyOn April 23, the Department of Labor (DOL) issued the highly anticipated final rule to alter the overtime pay regulations under the Fair Labor Standards Act (FLSA). Lawsuits challenging the final rule are expected. For the latest updates and information on proposed FLSA changes, see CUPA-HR’s FLSA Overtime News and Resources page. The Fair Labor Standards... View Article
Members OnlyEffective compensation programs and policies hinge on job classifications and position descriptions that are accurate and periodically reviewed to ensure they are kept up to date. To maintain consistency within the organization, classifications should be calibrated internally across schools, departments and business units. External market calibration will increase your organization’s ability to attract, retain and... View Article
After an exciting and, for many, surprising November election, Congress returned to the Capitol to finish up their business for the 114th Congress. The major piece of business that had to get done before Congress could go on recess was finding a way to fund the government. On the night of December 9, the Senate... View Article
Are you an HR legal expert? Here’s a real court case to help test your HR legal knowledge. Review the facts of the case, tell us which side you think prevailed, and find out if you’re right! The Case: FLSA Retaliatory Discharge – Rosenfield v. Global Trans Enterprises The Facts: Fair Labor Standards Act General... View Article