DOL Issues Opinion Letter on Wellness Activities

September 17, 2018 9:00 am

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

HR and the Courts: Recent Rulings and Legislation on Salary History Inquiries, National Origin Discrimination, ERISA Class Action Litigation, Pregnancy-Related Reasonable Accommodation and More

October 31, 2017 9:30 am

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: Appeals Court to Reconsider Whether Worker’s Salary History Is a Lawful Basis Upon Which to Set an Employee’s Starting Salary The Ninth Circuit... View Article

IRS Increases Maximum Contributions to Retirement Funds

October 23, 2017 1:36 pm

It’s that time of year again — open enrollment is just around the corner. As employees are reviewing benefit options for 2018, one thing to consider is the IRS’s increased limits to defined contribution plans. In Notice 2017-64, released on October 19, the IRS provided adjusted limitations on benefits and contributions under qualified retirement plans... View Article

3 Myths About Faculty and Staff Discipline

October 16, 2017 1:00 am

We’ve all worked with a bad apple at one time or another. Maybe you still do. You know the one … the faculty member who seems to get away with everything, the staff member who says whatever they want whenever they want, the coworker who is abrasive and uncooperative. As an HR professional, you want... View Article

DACA: Where Things Stand

October 13, 2017 12:58 pm

The Trump administration added a major item to Congress’ to-do list with a September 5 announcement by Attorney General Jeff Sessions that the administration would phase out the Deferred Action for Childhood Arrivals (DACA) policy. The program, which was created by the Obama administration, has allowed an estimated 790,000 undocumented immigrants, known as “Dreamers,” to live,... View Article

Congress Looks to Tackle Tax Reform

October 9, 2017 9:30 am

The White House and congressional Republicans began the year with an aggressive agenda that included two planned budget reconciliation votes — one involving reform of the Affordable Care Act (ACA) and the other involving reform of the tax code. With ACA reform efforts stalled for now, Congress has pivoted its focus to tax reform. Tax... View Article

HR and the Courts: Recent Rulings on Class-Action Pension Litigation, First Amendment Free Speech, Anxiety as a Disability Under the ADA and More

October 3, 2017 9:00 am

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 of Pennsylvania Wins ERISA Class-Action Lawsuit The University of Pennsylvania received a complete victory in a class-action ERISA lawsuit when a federal... View Article

HR and the Courts: Recent Rulings on Free Speech, Class Action Pension Litigation, Disability and Religious Discrimination

September 5, 2017 11:02 am

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: Class Action Pension Litigation Partially Dismissed in NYU Case To date, 16 prominent universities have been sued separately in federal districts throughout the... View Article

CUPA-HR Joins Higher Ed Groups to Support the Dream Act of 2017

August 21, 2017 9:37 am

On July 25, CUPA-HR joined the American Council on Education and more than 30 higher ed groups in a letter of support for the Dream Act of 2017. The bill, which was introduced on July 20 by Sens. Lindsey Graham (R-SC) and Richard Durbin (D-IL), would allow undocumented immigrants — often referred to as Dreamers... View Article

Marvin Kaplan Sworn in as NLRB Member

August 14, 2017 10:23 am

On August 10, Marvin E. Kaplan was sworn in as a member of the National Labor Relations Board (NLRB) for a term ending on August 27, 2020. Kaplan, who was serving as counsel to the commissioner of the Occupational Safety and Health Review Commission, previously served as counsel to the U.S. House Oversight and Government... View Article

HR and the Courts: ADA Prescription Marijuana Precedent, Telecommuting as a Reasonable Accommodation and More

August 8, 2017 10:17 am

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: Prescription Medical Marijuana User States Valid Disability Discrimination Claim Under State ADA Law, Sets Precedent A qualified medical marijuana user in Massachusetts, who... View Article

DOL’s Request for Information on the Overtime Rule to Be Published July 26

July 25, 2017 10:51 am

The Department of Labor’s Wage and Hour Division will publish in the July 26 Federal Register the much anticipated Request for Information (RFI) on the currently enjoined Obama administration’s overtime rule (an unofficial copy of the RFI can be accessed here). The RFI invites the public to comment on a multitude of questions, including “whether the standard salary... View Article

DOL Plans to Revise the Overtime Rule

July 6, 2017 2:04 pm

On June 30, the Department of Labor (DOL) filed its reply brief in the Fifth Circuit in relation to its appeal from the November 2016 federal district court decision granting a preliminary injunction to the Fair Labor Standards Act overtime rule. In the brief, DOL asks the court to affirm that the agency can set... View Article

DOL Reinstates Wage and Hour Opinion Letters

June 28, 2017 9:01 am

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

3 Tips for Training Employees on Title IX

June 27, 2017 5:12 pm

The challenges associated with Title IX in higher education are complex, and sexual assault on campus and institutional responses continue to make headlines across the nation. According to The Chronicle of Higher Education, over the past six years the government has conducted 399 investigations of colleges and universities for possibly mishandling reports of sexual violence.... View Article

DOL to Issue Request for Information on the Overtime Rule

June 12, 2017 10:54 am

On June 7, Secretary of Labor Alexander Acosta noted during a House Appropriations Subcommittee hearing on the Trump administration’s proposed Department of Labor (DOL) budget that the agency is planning to issue a request for information (RFI) on the currently enjoined Obama administration’s overtime rule. While Acosta did not indicate the exact timing of the RFI, he did say... View Article

Senate Confirms Alexander Acosta as Labor Secretary

April 27, 2017 7:31 pm

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

President Trump Signs Executive Order to Change H-1B Visa Rules

April 19, 2017 1:40 pm

On April 18, President Trump signed an Executive Order (EO) entitled Buy American and Hire American which instructs federal agencies through the use of federal financial assistance awards and federal procurements to “maximize” the use of American goods and products (buy American) and to “rigorously enforce and administer the laws governing entry into the U.S.”... View Article

USCIS H-1B Processing Changes

April 6, 2017 9:00 am

On April 3, the U.S. Citizenship and Immigration Service (USCIS) suspended premium processing for all H-1B petitions for a period of up to six months. This temporary suspension was announced in early March. The agency claims the change will help reduce overall processing times, as USCIS will be able to “process long-pending petitions … and prioritize adjudication... View Article

Trump Signs “Blacklisting” Resolution of Disapproval

March 29, 2017 9:28 am

On March 27, President Trump signed into law a Congressional Review Act (CRA) resolution disapproving of the “Fair Pay and Safe Workplaces” rule (the blacklisting rules) which permanently blocks implementation of the rule and any similar regulations in the future. The CRA measure was introduced by House Committee on Education and the Workforce Chair Virginia... View Article

How to Conduct a Thorough Title IX Investigation

March 6, 2017 9:00 am

At CUPA-HR’s annual conference last fall, two Title IX coordinators from Rosemont College — Jane Federowicz and Matthew Baker — shared their outline for training Title IX investigators on campus (you can read about that in this blog post). Here, they continue the conversation and share the steps they take when investigating Title IX claims... View Article

CUPA-HR CEO Andy Brantley Testifies Before House Subcommittee on Overtime Rule

February 20, 2017 9:56 am

On February 16, the House Education and the Workforce Subcommittee on Workforce Protections held a hearing entitled “Federal Wage and Hour Policies in the Twenty-First Century Economy” to examine the Fair Labor Standards Act (FLSA) and the dramatically transformed workplace since the law’s enactment in 1938. CUPA-HR President and CEO Andy Brantley was one of... View Article

DOJ Issues New Rule on Unfair Immigration-Related Employment Practices

February 8, 2017 9:00 am

On December 19, 2016, the Department of Justice (DOJ) Office of Special Counsel for Unfair Immigration-Related Employment Practices (OSC) issued a final rule revising Section 274B of the Immigration and Nationality Act (INA) as it concerns unfair immigration-related employment practices. CUPA-HR and other trade associations submitted comments on the proposed rule in October 2016 expressing concerns that the changes... View Article

Asked and Answered: Questions on Immigration Reform, the ACA, Paid Leave and More Under the New Administration

February 3, 2017 9:47 am

On January 25, CUPA-HR’s government relations team presented the webinar “A New Administration and a New Congress: What to Expect in 2017 and Beyond” (now available for on-demand viewing) outlining the current and emerging top-line issues for higher ed HR. With over 1,000 HR professionals in attendance and a jam-packed agenda, it wasn’t possible to address... View Article

2016 Comes to a Close

December 20, 2016 10:05 am

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

FLSA Injunction–Changes Made, Changes Stopped and Changes Reversed

December 14, 2016 8:41 am

Following months of preparation for the December 1 FLSA changes, the injunction issued on November 22 temporarily stopped implementation, requiring quick action by higher ed HR and other campus leaders. Thanks to quick responses from chief HR officers from across the country, CUPA-HR is pleased to provide a comprehensive summary of the actions taken by... View Article

DOL’s Persuader Rule Permanently Blocked

November 29, 2016 6:34 pm

On November 16, the U.S. District Court for the Northern District of Texas granted a nationwide, permanent injunction in National Federation of Independent Business et al. v. Perez. The decision made permanent a June 27 preliminary injunction and prevents the U.S. Department of Labor (DOL) from implementing and enforcing its recent changes to the persuader rule, which was scheduled to go into... View Article

CUPA-HR Submits Comments on Proposed Regulation on Unfair Immigration-Related Employment Practices

November 14, 2016 9:00 am

On October 14, CUPA-HR and five other trade associations submitted comments to the Department of Justice (DOJ) Office of Special Counsel for Unfair Immigration-Related Employment Practices (OSC) on a proposed rule revising Section 274B of the Immigration and Nationality Act (INA) as it pertains to unfair immigration-related employment practices. This action follows on the heels... View Article

Blacklisting Regulation Enjoined

November 10, 2016 2:51 pm

On October 24, hours before the Fair Pay and Safe Workplaces rule (the blacklisting rule) was set to take effect, a federal judge in the Eastern District of Texas granted a preliminary injunction to halt most of the provisions of the rule from going into effect. The Associated Builders and Contractors Southeast Texas Chapter and... View Article

Administration Issues Antitrust Guidance for HR Professionals

November 8, 2016 4:20 pm

On October 20, the U.S. Department of Justice (DOJ)’s Antitrust Division and the Federal Trade Commission (FTC) issued guidance to human resources professionals and others involved in hiring decisions about potential violations of antitrust laws. The guidance focuses on hiring and compensation matters and should be read carefully by HR professionals, as DOJ and FTC consider... View Article

The Countdown Is On – New Overtime Rule Goes Into Effect December 1

November 1, 2016 9:30 am

Update: On November 22, a U.S. District Court judge from Texas issued a preliminary injunction postponing the effective date of the overtime rule, meaning the rule will not go into effect on December 1.  With less than 30 days left until the rule raising the Fair Labor Standards Act’s exempt salary threshold to $47,476 takes... View Article

NLRB General Counsel Advises Northwestern Against Unlawful Rules

October 21, 2016 9:00 am

On September 22, an associate general counsel for the National Labor Relations Board (NLRB), Barry Kearney, responding in an advice memorandum to regional director Peter Ohr, declared that rules in Northwestern University’s Football Handbook, which restricted players’ social media use and media appearances and prohibited discussion of the athletes’ health, were “unlawful.” However, Kearney also... View Article

DOL Issues Final Rule on Paid Sick Leave for Federal Contractors

October 7, 2016 11:42 am

On September 30, the Department of Labor (DOL) issued final regulations implementing Executive Order 13706 (EO) requiring federal contractors and subcontractors working on or in connection with covered contracts to offer their employees up to seven days of paid sick leave per year. Although DOL has made some minor revisions to the proposed rule, the... View Article

Traits and Training for Title IX Investigators

October 5, 2016 9:00 am

Two Title IX coordinators from Rosemont College in Pennsylvania — Jane Federowicz, assistant vice president for human resources and Title IX coordinator, and Matthew Baker, training officer and deputy Title IX coordinator — shared in a CUPA-HR annual conference session their outline for training Title IX investigators and conducting investigations on campus. The pair shared some essential... View Article

Overheard at the FLSA and Legal Updates at the CUPA-HR Annual Conference

October 3, 2016 3:26 pm

At the CUPA-HR Annual Conference in Washington, D.C. last week, I sat in on the FLSA overtime and legal update Super Sessions and “overheard” a lot of online conversation from attendees. First, attendees joined an FLSA overtime discussion panel that included Andy Brantley, president and chief executive officer of CUPA-HR; Lynn Bynum, chief human resources officer at... View Article

What to Expect From Congress During This (Short) Session

September 13, 2016 2:16 pm

On September 6, Congress returned from a seven-week recess with a long list of possible legislative actions — and a very small window of time to complete them. There are only a handful of scheduled legislative days left until Congress returns home again for the final campaign push ahead of the November elections, yet important... View Article

Test Your HR Legal Knowledge: Retaliatory Discharge

August 4, 2016 8:58 am

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

Biannual Regulatory Agenda Released — Paid Sick Leave for Federal Contractors, Blacklisting Regulations Likely to be Addressed

August 1, 2016 10:34 am

On May 18, the Obama Administration released its Unified Regulatory Agenda and Regulatory Plan, providing the public with a detailed glimpse into the regulatory policies and priorities under consideration by 59 federal departments, agencies and commissions. Agendas are released twice a year, generally in the spring and fall. They are designed to provide the public... View Article

DOL’s New Persuader Rule Unenforceable Due to Court Ruling

July 12, 2016 9:00 am

On June 27, the U.S. District Court for the Northern District of Texas granted a preliminary injunction in National Federation of Independent Business (NFIB), et al. v. Perez (see decision here). The injunction prevents the U.S. Department of Labor (DOL) from implementing and enforcing its recent changes to the persuader rule, which was scheduled to go into effect July 1. The final “persuader” regulations... View Article

3 Things You Need to Know About OFCCP’s New Sex Discrimination Guidelines

July 5, 2016 5:02 pm

This blog post was contributed by Lynn A. Clements, director of regulatory affairs at Berkshire Associates, Inc. In conjunction with the White House Council on Women and Girls’ first United States of Women Summit on June 16, 2016, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued regulations on sex discrimination... View Article

OFCCP Publishes Final Rule Updating Sex Discrimination Guidelines

June 29, 2016 10:41 am

On June 14, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a final rule updating its sex discrimination guidelines for federal contractors and subcontractors for the first time in 40 years. The rule seeks to generally align with existing law under Title VII of the Civil Rights Act of 1964 as... View Article

House Committee Holds Hearing on Final Overtime Rule

June 15, 2016 7:22 am

On June 9, the House Committee on Education and the Workforce held a hearing to examine the consequences of the Department of Labor’s (DOL) Overtime Rule on workers, students, nonprofits and small businesses. The hearing provided an opportunity and a platform for universities and nonprofits to voice concerns about the negative consequences of DOL’s rule,... View Article

Test Your HR Legal Knowledge: First Amendment

June 14, 2016 7:11 am

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: First Amendment – Epstein v. Suffolk Community College (E.D.N.Y. 2:14-CV-00937) The Facts: Supreme Court Rule –... View Article

EEOC Finalizes Regulations on Wellness Plans

May 27, 2016 9:04 am

On May 17, the Equal Employment Opportunity Commission (EEOC) published final rules meant to provide employers with new guidance on how to implement wellness plans in their healthcare programs without violating either Title I of the Americans with Disabilities Act (ADA) or Title II of the Genetic Information Nondiscrimination Act (GINA). The rules also address... View Article

All Things FLSA Overtime

May 24, 2016 9:00 am

Updated July 6, 2016 On May 18, the Department of Labor (DOL) issued its final rule on overtime eligibility, raising the minimum salary threshold from $23,660 to $47,476. Employers must be in compliance by December 1 of this year, which leaves very little time for what’s sure to be a lot of work. If you’re... View Article

OSHA Issues Final Rule on Electronic Recordkeeping

May 17, 2016 12:48 pm

On May 12, the Occupational Safety and Health Administration (OSHA) issued a final rule — “Improve Tracking of Workplace Injuries and Illnesses” — requiring employers to electronically submit injury and illness recordkeeping information to OSHA on an annual basis. OSHA will post the data submitted by employers on a publicly accessible website, but according to... View Article

Proposed OT Rule Could End Up Hurting Those It Intends to Help

April 29, 2016 1:09 pm

As efforts to influence changes to the proposed FLSA overtime regulations continue, the grassroots organization Partnership to Protect Workplace Opportunity (of which CUPA-HR is a member) has released a video featuring the voices of higher education (including CUPA-HR President and CEO Andy Brantley), nonprofits, small businesses and employees who would be adversely affected by the proposed... View Article

CUPA-HR Leads Meeting With White House Officials on Overtime Proposal

April 20, 2016 10:11 am

On April 19, representatives from CUPA-HR and other higher education associations met with government officials to discuss higher ed’s concerns with the Department of Labor (DOL)’s overtime proposal as the rule enters its last stage of internal review by federal agencies. Our 16-person group met with officials from the White House Office of Management and... View Article

DOL Issues Final “Persuader” Rule

April 14, 2016 9:35 pm

On March 23, the Department of Labor issued its final “persuader” regulations revising the interpretation of “advice” as it pertains to the employer and labor relations consultant persuader reporting requirements of Section 203 of the Labor-Management Reporting and Disclosure Act (LMRDA). The final rule expands reporting requirements for employers facing union organizing campaigns on almost... View Article

Overtime Takes Center Stage at Subcommittee on Workforce Protections Field Hearing

March 31, 2016 1:34 pm

On March 29, Chairman of the Subcommittee on Workforce Protections Tim Walberg (R-MI) hosted a field hearing — “The 21st Century Workforce: How Current Rules and Regulations Affect Innovation and Flexibility in Michigan’s Workplaces” — to discuss how current government regulations impact workers and job creators in Michigan. Rep. Walberg was joined by his colleague,... View Article

FLSA Overtime Final Rule Submitted to OMB

March 15, 2016 4:46 pm

On March 14, the Department of Labor submitted the final rule for “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees” to the Office of Information and Regulatory Affairs (OIRA). OIRA, part of the president’s Office of Management and Budget (OMB), is required to review all draft and final standards as well... View Article

Your Efforts on Overtime Regulations Make an Impact in Washington

March 9, 2016 10:15 am

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

FLSA Overtime Regulations – What Are the Top Concerns for Higher Ed?

February 24, 2016 8:47 am

The February 16 webinar, “FLSA Overtime: How, When and Why to Prepare,” was the largest in CUPA-HR history. With 1,884 sites logged in and 2,500+ participating, the topic is obviously top of mind for all of us in higher ed HR. Presenters provided background information regarding the proposed changes to the overtime regulations and specific... View Article

CUPA-HR Meets With Treasury to Discuss Treatment of Student Workers Under ACA’s Employer Mandate

February 22, 2016 11:09 am

On February 17, CUPA-HR and the American Council on Education, along with other higher ed associations, met with the U.S. Department of Treasury to discuss the ongoing issues surrounding the Affordable Care Act’s employer mandate as it relates to student workers in colleges and universities. February’s meeting was a follow-up to a January 2015 conversation... View Article

CUPA-HR Files Comments on EEOC’s GINA Wellness Plan Proposed Rule

February 10, 2016 1:14 pm

On December 29, CUPA-HR, along with other employer groups, filed comments on the U.S. Equal Employment Opportunity Commission (EEOC)’s wellness plan proposed rule under Title II of the Genetics Information Nondiscrimination Act (GINA). The proposed rule, issued in the Federal Register in October, clarifies that employers that offer wellness programs as part of group health... View Article

CUPA-HR Participates in Chamber of Commerce Symposium on Impact of Proposed FLSA Overtime Regulations

February 8, 2016 2:07 pm

On February 1, the U.S. Chamber of Commerce held a symposium to highlight the impact the proposed FLSA overtime regulations will have on vulnerable employers (think small businesses, nonprofits, academic institutions and state and local governments). As part of the event, CUPA-HR chief government relations officer Josh Ulman and Barbara Carroll, chief HR officer at... View Article

Best Practices in Training and Compliance Around Title IX

February 5, 2016 2:43 pm

Increasing reports of sexual violence on college campuses across the nation have brought the subject out of the shadows and into the light. Whether it’s that sexual assaults are increasing in frequency or just that more people are coming forward to report such incidents, it’s an issue that must be addressed. So what actions can... View Article

FLSA Overtime: How, When and Why to Prepare

January 26, 2016 3:25 pm

In preparation for the pending FLSA overtime announcement, CUPA-HR will be hosting a 90-minute webinar on February 16 at 2:00 p.m. ET. Developed in partnership with Sibson Consulting and several higher ed HR practitioners from across the country, the webinar will focus on the dynamic challenges higher ed institutions face in responding to the proposed... View Article

NLRB’S Joint Employer Ruling Appealed

January 25, 2016 4:45 pm

Browning-Ferris Industries has appealed the National Labor Relations Board (NLRB)’s August 27 ruling (known as the BFI case) to the U.S. Court of Appeals for the D.C. Circuit. In BFI, the Board greatly expanded the decades old “joint employer” standard under the National Labor Relations Act (NLRA). This new standard creates additional liabilities for private-sector... View Article

DHS Proposes New H-1B Visa Rule to Help High-Skilled Foreign Workers

January 6, 2016 1:11 pm

On December 31, the Department of Homeland Security (DHS) proposed a new rule to help resolve a large visa backlog by allowing high-skilled, foreign workers to remain in the country and switch jobs more easily while waiting to become lawful permanent residents. The agency has stated that the rules are aimed at those individuals who... View Article

DOL’s Persuader Rule Nears Fruition

December 15, 2015 4:29 pm

After years of delay, the Departments of Labor’s “persuader” rule is inching closer to publication. On December 7, DOL’s Office of Labor-Management Standards, taking the final step before a rule can be published, sent a proposed final rule to the Office of Management and Budget. Previously scheduled to be finalized in December 2015, the “persuader”... View Article

Fall 2015 Regulatory Agenda Released

November 30, 2015 9:28 am

On November 20, the Obama administration released its autumn 2015 Unified Regulatory Agenda and Regulatory Plan, providing the public with a detailed glimpse into the regulatory policies and priorities under consideration by 59 federal departments, agencies and commissions. Agendas are released twice a year, generally in April and November. They are designed to provide the... View Article

A Call to Action Regarding Proposed Changes to the FLSA Overtime Rule

November 13, 2015 9:00 am

CUPA-HR’s government relations team is fielding questions every day from members, higher education associations and government affairs departments at institutions across the country about the DOL’s proposed overtime rule — when the rule might be released, guidance on how to prepare for it and whether or not there is anything they can do to convince... View Article

OSHA Takes Steps to Finalize Electronic Recordkeeping Rule

October 29, 2015 12:30 pm

On October 5, the Occupational Safety and Health Administration (OSHA) submitted a draft final rule for OSHA’s “Improve Tracking of Workplace Injuries and Illnesses” to the Office of Information and Regulatory Affairs (OIRA). OIRA, part of the president’s Office of Management and Budget (OMB), is required to review all draft and final standards as well... View Article

D.C. Council Introduces Paid Family Leave Plan

October 22, 2015 11:30 am

As paid family leave becomes an increasingly important topic on the national stage and a major issue in the presidential election, with Democrat and Republican contenders alike advocating for family leave policies, the Washington D.C. Council recently introduced legislation that would provide D.C. workers and residents with up to 16 weeks of paid family and... View Article

2015 Federal Legislative and Regulatory Update for Higher Ed

October 20, 2015 10:29 am

In his Washington update at the 2015 CUPA-HR Annual Conference, CUPA-HR Chief Government Relations Officer Josh Ulman focused on three looming compliance issues: Coverage of Students and Adjunct Faculty Under the Affordable Care Act The “Cadillac” Tax Provision of the Affordable Care Act DOL’s Proposed Changes to FLSA Overtime Rules CUPA-HR members can view a... View Article

Efforts to Repeal the “Cadillac” Tax Ramp Up

October 7, 2015 9:21 am

Over the last month we have seen a significant uptick in congressional activity related to the repeal of the “Cadillac” tax on high-cost employer-sponsored health coverage. The tax, which is part of President Obama’s healthcare law, would impose a 40 percent levy on healthcare plans for any coverage cost above certain thresholds. Under current law,... View Article

4 Tips for Successfully Completing the Form I-9 and E-Verify Process

September 29, 2015 4:00 pm

Higher ed HR professionals are challenged with completing the I-9 and E-Verify process for all institutional employees, from faculty to staff and everyone in between. Although the process seems routine, simple errors can lead to government fines of up to $1,100 per employee. At the CUPA-HR Annual Conference and Expo 2015, presenters Dan Schropp, director... View Article

DOL Publishes Final Rule on Pay Transparency for Federal Contractors

September 22, 2015 11:29 am

On September 11, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published its final rule implementing President Obama’s April 8, 2014 Executive Order 13665 – Non-Retaliation for Disclosure of Compensation Information. The “pay transparency” rule, as it is known, prohibits federal contractors from discriminating or retaliating against employees and potential employees who... View Article

NLRB Expands Joint-Employer Standard Impacting Contractor/Subcontractor Relationships

September 15, 2015 9:10 am

On August 27, the National Labor Relations Board (NLRB) issued its decision in Browning-Ferris Industries, vastly expanding the standard for determining when two separate entities are considered “joint employers” of a group of employees under the National Labor Relations Act (NLRA). The 3-2 decision ruled that the waste recycling company Browning-Ferris Industries (BFI) is a... View Article

Trending Topics From the Knowledge Center – September 2015

September 4, 2015 1:26 pm

Each quarter, Knowledge Center content manager Patti Couger seeks out news briefs and timely resources to share on the Knowledge Center home page. Here are the topics that are currently highlighted: Changes Likely Coming to FLSA’s White Collar Exemption The Department of Labor is considering changes to the Fair Labor Standards Act’s overtime regulations, including... View Article

Update on CUPA-HR Comments and Activities on DOL’s Overtime Proposal

September 1, 2015 3:11 pm

Update 9/4/15: Today CUPA-HR filed extensive comments in response to the proposed changes to FLSA overtime pay requirements. On July 6, the Department of Labor (DOL) published its proposed changes to the regulations governing overtime pay requirements under the Fair Labor Standards Act (FLSA) with a 60-day comment period ending on September 4. In mid-July,... View Article

CUPA-HR Submits Comments on “Blacklisting” Regulations

August 27, 2015 1:56 pm

On August 26, CUPA-HR submitted joint comments with the Society for Human Resource Management (SHRM) in response to the government’s proposed “blacklisting” rule for federal government contractors, which was published in the Federal Register on May 28, 2015. The proposal would require federal contractors and those bidding on contracts to disclose, on a biannual basis,... View Article

NLRB Issues Long-Awaited Decision on Northwestern University Football Players

August 19, 2015 2:50 pm

On August 17, the National Labor Relations Board issued a unanimous decision dismissing a representation petition filed by a group of Northwestern University football players seeking to unionize — a landmark decision in a case which had the potential to significantly alter the makeup of college athletics. The decision comes 16 months after the Board’s regional director in Chicago, Peter... View Article

ENDA Replaced by Broader Equality Act

August 4, 2015 9:40 am

On July 23, Sen. Jeff Merkley (OR), along with 40 other senators, introduced the Equality Act of 2015, which would make employment and other forms of discrimination against LGBT individuals unlawful. The legislation was filed concurrently in the U.S. House of Representatives by Rep. David Cicilline (RI) and 158 other representatives. The Equality Act seeks... View Article

House Committee Holds Hearing on DOL’s Overtime Proposal

July 28, 2015 10:31 am

On July 23, the House Education and the Workforce Subcommittee on Workforce Protections held a hearing entitled “Examining the Costs and Consequences of the Administration’s Overtime Proposal.” At the hearing, members of the subcommittee and witnesses discussed the impact of the Department of Labor’s proposed changes to the rules governing federal overtime regulations under the... View Article

DOL Issues New Guidance on Misclassification of Independent Contractors

July 23, 2015 9:40 am

On July 15, the Department of Labor Wage and Hour Division (WHD) issued new guidance in the form of an Administrator’s Interpretation (No. 2015-1) (AI) on employee and independent contractor classification under the Fair Labor Standards Act (FLSA). The FLSA vaguely defines an “employee” as a person who is economically dependent on his or her... View Article

Test Your HR Legal Knowledge: First Amendment

July 22, 2015 9:23 am

Whether “HR legal expert” is already on your list of mastered HR competencies or you’re working to get it there, here’s a real court case that will test your HR legal knowledge and risk management acumen on the First Amendment. Review the facts of the case, tell us which side you think prevailed, and find out... View Article

Test Your HR Legal Knowledge: Age Discrimination

July 1, 2015 9:07 am

Are you looking to add “HR legal expert” to your resume? Here’s a real court case that will 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: “New Blood” Age Discrimination — Allain v. University of Louisiana System... View Article

5 Ways to Prepare for the NLRB’s New Election Process

June 17, 2015 11:00 am

How fast can union elections take place under the process that went into effect April 14? In the recent election to organize part-time faculty at Ithaca College, a petition was filed by the Service Employees International Union (SEIU) on April 15, the mail ballot election began May 11, and the ballots were counted on May... View Article

CUPA-HR Testifies Before Joint Committee on ACA Issues

June 3, 2015 3:13 pm

Because the Affordable Care Act (ACA)’s employer mandate does not specifically exclude most student workers, it poses a dilemma for colleges and universities. If they offer employee healthcare benefits to student workers, institutions will incur substantial increases in administrative load, costs and liabilities that will ultimately increase tuition costs. If they don’t offer employee healthcare... View Article

Tips for Creating a Social Media Policy

May 6, 2015 1:22 pm

Having a presence in social media used to offer organizations a competitive advantage. Today, it’s a standard business practice. Social media channels are used by job seekers to search for jobs, by employees to communicate in and out of the office, and by campus communities to share information and provide feedback. In light of the... View Article

How to Ensure Compliance With INA’s Antidiscriminatory Provisions

May 4, 2015 4:51 pm

This blog post is an excerpt from an article authored by Carl Hampe and Patrick Shen, partners in Fragomen Worldwide’s Government Strategies and Corporate Compliance Group. The article is a supplement to CUPA-HR’s April 2014 webinar “Form I-9 Requirements: Why Compliance Matters.” Since 2009, the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair... View Article

NLRB Issues Guidance on Employee Handbook Language

March 25, 2015 9:40 am

The National Labor Relations Board (NLRB)’s general counsel issued a report last week that offers specific examples of lawful and unlawful language used in employee handbooks in several key categories, including rules on confidentiality and employee conduct. Understand Employee Rights According to Section 7 of the National Labor Relations Act (NLRA), employees have a right... View Article

CUPA-HR Testifies Before House Subcommittee on E-Verify Legislation

February 5, 2015 4:45 pm

As anyone who has been charged with completing employment eligibility verification can attest, it can be an arduous, labor-intensive, sometimes-tricky process. The Legal Workforce Act, which was introduced last Congress in the U.S. House of Representatives by Rep. Lamar Smith (R-TX), is designed to streamline and modernize the process. Specifically, the law would mandate e-verify,... View Article

CUPA-HR Meets With Treasury and IRS on Treatment of Student Workers Under ACA’s Employer Mandate

January 21, 2015 11:16 am

As questions continue to swirl around the Affordable Care Act’s employer mandate, especially as it relates to student workers in colleges and universities, CUPA-HR met with the Treasury Department and the IRS to discuss challenges and possible solutions. At the January 15 meeting, CUPA-HR chief government relations officer Josh Ulman and Barbara Carroll, CUPA-HR chair-elect and head... View Article

Regulatory Agenda Released – Fall 2014

December 2, 2014 4:10 pm

On Friday, November 21, the federal administration released its biannual unified regulatory agenda. Agendas are released twice a year, generally in April and November. They are designed to provide the public with information on regulations the federal government is currently considering and to prioritize action items for the coming year. The agenda released Friday sets... View Article

Federal Legislative and Regulatory Update for Higher Ed

October 16, 2014 12:55 pm

How did Chief Government Affairs Officer Josh Ulman start off his Washington Update session at the CUPA-HR Annual Conference last month? With politics. There’s no getting around it. Elections, including several competitive congressional races, are right around the corner; and the outcomes of those races are bound to have an impact on both legislation and... View Article

Student Workers and the ACA’s Employer Mandate

September 22, 2014 10:27 am

As the date draws near for the Affordable Care Act’s employer mandate to take effect (requiring employers with 50 or more employees to offer healthcare coverage to all employees working 30 or more hours per week), questions and uncertainty still abound — especially for higher ed, where the definition of “full-time employee” isn’t as clear... View Article

Higher Ed Associations Submit Comments on Campus Accountability and Safety Act

September 10, 2014 10:19 am

Sexual assault on campus is an urgent issue and a topic of discussion at colleges and universities across the country, in the national news, and even in the Obama administration. The Department of Education is currently investigating 77 institutions for possibly violating rules governing the handling of sexual violence and harassment cases, and in April,... View Article

Some Employee Handbook Provisions May Run Afoul of the NLRA

September 4, 2014 9:56 am

The National Labor Relations Board (NLRB) has been busy as of late, and in light of some of its recent actions, you may need to take a fresh look at your employee handbook. The NLRB is charged with enforcing and interpreting the National Labor Relations Act (NLRA), the statute that governs relations between unions and... View Article

Test Your HR Legal Knowledge: Race Discrimination

August 28, 2014 3:09 pm

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: College Tennis Coach Race Discrimination Claim — Minnis v. Bd of Supervisors of Louisiana State University (MD... View Article