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 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
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: Court: Mere “Awareness” of an Employee’s Disability Does Not Ordinarily Satisfy the ADA Request Requirement The U.S. Court of Appeals for the D.C.... 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
The fall semester remains a big question mark in the minds of those associated with higher ed institutions. However, one thing is clear — enrollment will take a dip. That being said, tough employment decisions must be made, and HR must be prepared to explain and recommend a combination of furloughs, layoffs and salary freezes... View Article
On May 6, the U.S. Small Business Administration (SBA) released an interim final rule (IFR) to supplement previously issued IFRs implementing the CARES Act’s Paycheck Protection Program (PPP). The new IFR provides guidance tailored for institutions of higher education, such as additional eligibility requirements with respect to student workers and nondiscrimination obligations. The CARES Act,... 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
On April 27, the United States Citizenship and Immigration Services (USCIS) made significant updates to the Handbook for Employers: Guidance Completing Form I-9. The handbook is a valuable resource for employers regarding questions on I-9 completion and compliance and addresses many commonly asked questions by employers. The updates to the handbook are effective immediately and... 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 requesting the government take specific steps to help mitigate the impact of the COVID-19 national emergency on colleges and universities and their students. Below is a comprehensive... 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 Courts Split on Whether Title IX Provides a Separate Litigation Remedy for Education Workers for Sex Bias in Addition to Title VII... 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: Employer’s Defense of a Female Employee’s Equal Pay Act Claim of Gender Discrimination and Unlawful Salary Differential Between Male and Female Workers Rejected,... 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: Immigrant-Insensitive Social Media Post Is Insufficient Grounds for School District to Discharge Teacher Who Had Received Commendations for Inclusiveness A California appeals court... View Article
Institutions across the country are continuing to monitor the recent outbreak of the novel coronavirus (COVID-19) and communicating updates with campus stakeholders on a regular basis. They are also reviewing the need to follow up with those who have traveled to China recently and to postpone study abroad programs. HR pros can provide additional support... 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: Jury Trial Granted for Minority Professor Claiming Discriminatory Retaliation After He Was Denied a Second-Round Interview for a Dean Position and Not Allowed... View Article
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
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
On January 13, the National Labor Relations Board (NLRB) invited the filing of briefs to address the underlying issues that are raised in Columbia University — namely, whether it should revisit its Brown University ruling which states that graduate students are not employees and therefore cannot unionize. The NLRB invitation for amicus briefs comes roughly... View Article
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