On April 1, the Occupational Safety and Health Administration issued a final rule on the Worker Walkaround Representative Designation Process. The rule allows third-party representatives to accompany OSHA inspectors during physical workplace inspections. Under the Occupational Safety and Health Act and existing regulations to implement the law, employer representatives and authorized representatives of employees are... 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. 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
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
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 Rules Graduate Student Fellows With No Teaching or Research Assistant Responsibilities Are Not University Employees and Cannot Unionize A National Labor Relations... 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
On December 10, the Biden administration issued the Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions (Regulatory Agenda), providing the public with insights on what various federal agencies expect to work on in terms of regulatory activity in the near- and long-term. In an effort to keep members apprised of upcoming noteworthy regulatory actions,... 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 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
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 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
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. Union Leaders Are Split Over Vaccine Mandates After a year of cooperation with union leaders over health and safety measures promoting worker safety... 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
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 Agrees to Review First Amendment Free Speech Case Filed by Community College Trustee Opposing His College Board’s Decision to Censure Him ... 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
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
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
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
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
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
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
Members OnlyWith the Occupational Safety and Health Act of 1970, Congress created the Occupational Safety and Health Administration (OSHA), to ensure safe and healthful working conditions by setting and enforcing standards, conducting on-site inspections, and providing training, outreach, education and assistance. OSHA requires that employers: Prominently display the official “OSHA Job Safety and Health – It’s the... View Article
Members OnlyWhistleblowers are defined generally as individuals who report information about wrongdoing to the people or entities with the authority to address the situation. Whistleblowers may bring issues such as tax fraud, public safety, environmental health, discrimination, illegal employment practices, corruption, and more to light, and may, in some cases, receive financial rewards for doing so.... View Article