On June 18, the Department of State issued a cable to all U.S. diplomatic and consular posts formally expanding the screening and vetting process for applicants of F, M and J (FMJ) nonimmigrant visas. The State Department guidance resumes FMJ appointment scheduling after a previous announcement from the agency paused all student visa interviews as... View Article
On June 10, Senators Josh Hawley (R-MO) and Peter Welch (D-VT) introduced the Higher Wages for American Workers Act (S. 2013). The Higher Wages for American Workers Act would amend the Fair Labor Standards Act (FLSA), raising the federal minimum wage to $15 per hour and directing the secretary of labor to adjust the minimum... View Article
On May 22, the U.S. House of Representatives passed H.R. 1, titled the “One Big Beautiful Bill Act.” Notably, the reconciliation “megabill” includes a provision to implement President Trump’s campaign pledge on “no tax on overtime,” among various legislative priorities for Republicans. The “No Tax on Overtime” Proposal The overtime proposal creates a temporary above-the-line... 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. Federal Court Allows Nationwide Class Action Alleging AI Age Discrimination To Proceed A federal court recently ruled that Workday’s artificial intelligence scoring algorithm... View Article
On June 6, a federal judge for the U.S. District Court for the Northern District of California approved a settlement in House v. NCAA, which will allow higher education institutions to share revenue with student-athletes directly. The settlement creates a 10-year revenue-sharing model that will allow the athletic departments of the higher education institutions in... View Article
On June 5, the U.S. Supreme Court ruled unanimously that plaintiffs bringing employment discrimination claims under Title VII cannot be held to a higher evidentiary standard simply because they belong to a majority group. The decision in Ames v. Ohio Department of Youth Services resolves a long-standing split among federal appeals courts over how such... View Article
Update: On June 5, a federal district court in Massachusetts placed a temporary restraining order on the June 4 presidential proclamation banning visa issuance and entry to foreign nationals seeking to enter the U.S. to begin attendance at Harvard University. The TRO blocks the Trump administration from implementing the provisions of the proclamation, though the secretary... View Article
On June 4, 2025, President Trump issued a presidential proclamation titled “Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats.” The proclamation, citing national security concerns, suspends or limits entry into the United States for certain foreign nationals from 19 countries identified... View Article
On June 2, the Department of Labor (DOL) announced the launch of its opinion letter program across five agencies, including the Wage and Hour Division (WHD), the Occupational Safety and Health Administration (OSHA), the Employee Benefits Security Administration (EBSA), the Veterans’ Employment and Training Service (VETS) and the Mine Safety and Health Administration (MSHA). Opinion... View Article
On May 22, a federal judge in the U.S. District Court of Massachusetts issued a preliminary injunction to block the Trump administration from taking action to close the Department of Education (ED). Specifically, the court order blocks the Trump administration from “carrying out the reduction-in-force” at ED previously announced and from implementing the executive order... View Article
Update: On May 23, a federal judge in the District Court of Massachusetts issued a temporary restraining order on the DHS notice to Harvard on their SEVP certification termination, blocking the government from implementing or giving effect to the termination. The lawsuit filed by Harvard challenging the termination is still pending. On May 22, the... View Article
On April 25, the Equal Employment Opportunity Commission’s acting chair, Andrea Lucas, issued a Commissioner’s Charge against Harvard University announcing that the EEOC is investigating whether “Harvard may have violated and may be continuing to violate Title VII [of the Civil Rights Act of 1964] by engaging in a pattern or practice of disparate treatment... View Article
On April 30, Representatives Stephanie Bice (R-OK-5) and Chrissy Houlahan (D-PA-6) introduced the More Paid Leave for More Americans Act, the result of more than two years of work by the House Paid Family Leave Working Group, which Bice and Houlahan co-chair. The package consists of two parts: the Paid Family Leave Public-Private Partnerships Act... 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. Executive Orders Targeting Diversity, Equity and Inclusion Initiatives Are Subject to Conflicting Court Orders On May 2, 2025, a federal district court judge... View Article
On May 6, Senator Roger Marshall (R-KS), along with Sens. Tommy Tuberville (R-AL), Jim Justice (R-WV), and Pete Ricketts (R-NE), introduced the Overtime Wages Tax Relief Act, which is intended to fulfill President Trump’s campaign promise to eliminate taxes on overtime pay. The proposal provides an income tax deduction for overtime pay up to a... View Article
On April 29, the 5th U.S. Circuit Court of Appeals issued a stay on the litigation challenging the Biden administration’s overtime rule that will last for 120 days. The order halts further proceedings in the appeals court while the Trump administration’s Department of Labor (DOL) reconsiders the Biden administration’s rule, and it directs DOL to... View Article
On May 1, the Department of Labor’s Wage and Hour Division (WHD) issued a field assistance bulletin providing guidance on determining employee or independent contractor status under the Fair Labor Standards Act (FLSA) while DOL reviews the 2024 final rule, Employee or Independent Contractor Classification Under the Fair Labor Standards Act. The rule currently faces... 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. NCAA and Critics Clash Over Proposed $2.8 Billion Settlement of Class Action College Athlete NIL Antitrust Settlement The proposed NCAA $2.8 billion settlement... View Article
On April 8, the House Education and Workforce Committee held a hearing titled, “Game Changer: The NLRB, Student-Athletes, and the Future of College Sports.” The hearing focused on the employment classification status of student-athletes at institutions of higher education. The witnesses at the hearing included Daniel L. Nash, shareholder at Littler; Morgyn Wynne, former softball... View Article
On April 9, the U.S. Citizenship and Immigration Services (USCIS) announced that it will begin considering “aliens’ antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests.” According to the announcement, the guidance is effective immediately and impacts individuals applying for lawful permanent resident status, foreign... View Article
On April 4, CUPA-HR joined the American Council on Education and 14 other higher education associations on a letter to Department of State (DoS) Secretary Marco Rubio and Department of Homeland Security (DHS) Secretary Kristi Noem seeking additional information on the agencies’ policy and planned actions for international students and scholars. The letter states that... View Article
On March 28, CUPA-HR joined the American Council on Education and other higher education associations in filing an amicus brief in Pavia v. NCAA, which challenges the association’s eligibility rules with respect to the five-year time limits for student-athletes. The brief was filed with the United States Court of Appeals for the 6th Circuit. Background... View Article
On April 2, the U.S. Citizenship and Immigration Services (USCIS) announced minor changes to the Form I-9 to align with statutory language. The changes update language in the document that was included in previous editions of the Form I-9 released under the Biden administration. The new Form I-9 changes the language in Section 1, checkbox... View Article
On March 25, the House Education and Workforce Subcommittee on Workforce Protections held a hearing titled “The Future of Wage Laws: Assessing the FLSA’s Effectiveness, Challenges, and Opportunities.” The hearing focused on several bills aimed at modernizing the Fair Labor Standards Act (FLSA), including legislation to amend overtime pay requirements on compensatory time and regular... View Article
On March 20, President Trump signed an executive order titled “Improving Education Outcomes by Empowering Parents, States, and Communities.” The order directs the secretary of education to “take all necessary steps to facilitate the closure of the Department of Education and return authority over education to the States and local communities while ensuring the effective... View Article
On March 19, the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) released two technical assistance documents intended to educate “the public about unlawful discrimination related to ‘diversity, equity, and inclusion’ (DEI) in the workplace.” The two documents aim to inform the public about how civil rights rules and laws like Title VII... View Article
On March 14, the U.S. Court of Appeals for the 4th Circuit issued a decision allowing the Trump administration to enforce Executive Orders 14151 and 14173, both of which target “illegal … DEI preferences, mandates, policies, programs, and activities” in the public and private sectors and in federal contracts. The 4th Circuit’s decision effectively overrules... View Article
On February 28, the Department of Labor (DOL) filed an appeal in Flint Avenue, LLC v. U.S. Department of Labor, which previously led a district court to strike down the agency’s overtime final rule set forth under the Biden administration. The action is the second pending appeal from DOL with respect to cases involving 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. Federal Judge Orders a Halt to Part of the Trump Administration’s Executive Orders Targeting DEI Plans It Considers Illegal and Discriminatory As reported... View Article
Since 1996, the National Committee on Pay Equity has acknowledged Equal Pay Day to bring awareness to the gap between men’s and women’s wages. This year, Equal Pay Day is March 25 — symbolizing how far into the year women must work to be paid what men were paid in the previous year. To help... View Article
On March 1, the Department of Education’s Office for Civil Rights (OCR) released a Frequently Asked Questions document providing further guidance on OCR’s February 14, 2025, “Dear Colleague” letter. The February 14 “Dear Colleague” Letter The “Dear Colleague” letter outlines OCR’s enforcement position with respect to the legal requirements “under Title VI of the Civil... View Article
On February 21, a U.S. district judge issued a preliminary injunction against portions of two of the Trump administration’s executive orders regarding DEI programs. The decision, issued in U.S. District Court for the District of Maryland, blocks federal agencies from taking action to withhold federal funding from federal contractors that conduct programs or initiatives related... View Article
On February 14, the Department of Education’s Office for Civil Rights (OCR) published a “Dear Colleague” letter “to clarify and reaffirm the nondiscrimination obligations of schools … that receive federal financial assistance” from the department. The letter specifically states that “Federal law … prohibits covered entities from using race in decisions pertaining to admissions, hiring,... 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. EEOC Reports That It Collected a Record $700 Million for Workers in 2024 in Discrimination Claims The Equal Employment Opportunity Commission collected nearly... View Article
On February 5, President Trump signed an executive order titled “Keeping Men Out of Women’s Sports.” The order aims to bar transgender women and girls from participating in women’s sports by directing agencies to withdraw federal funding from schools that refuse to comply with the order. The EO claims that, in recent years, educational institutions... View Article
On February 4, the Department of Education’s Office for Civil Rights (OCR) issued a “Dear Colleague” letter to institutions of higher education regarding enforcement of Title IX regulations. Specifically, the letter reaffirms that OCR will enforce the first Trump administration’s Title IX rule instead of the Biden administration’s Title IX rule. As a reminder, in... View Article
On January 29, President Trump signed an executive order titled “Additional Measures to Combat Anti-Semitism.” The order directs certain federal agencies to use appropriate legal tools to “prosecute, remove, or otherwise hold to account the perpetrators of unlawful anti-Semitic harassment and violence.” Background The new EO directly connects to and expands upon Trump’s EO 13899,... View Article
In the wake of the recent Executive Orders on DEI, gender identity and immigration, higher ed institutions, like so many other organizations, are assessing the impacts and formulating next steps. Amid the inevitable changes that lie ahead, it’s important to remember that the role of HR in creating and sustaining a higher ed workplace that... View Article
Along with several immigration-related executive orders and actions issued on Inauguration Day, President Trump signed an executive order titled “Protecting the American People Against Invasion.” The EO sets several directives for U.S. Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services (USCIS) to enforce immigration law against immigrants without permanent legal status in... View Article
On January 20, the Trump administration issued an executive order (EO) titled, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The EO was one of several executive orders and actions published by the Trump administration on its first day in office. The EO states that the United States government... View Article
On January 22, President Trump signed an executive order (EO) titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The EO directs all federal agencies to “terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements,” to enforce “longstanding civil rights laws,” and to “combat illegal private-sector DEI... View Article
Two efforts to extend collective bargaining rights to college athletes have been withdrawn in recent weeks in anticipation of the Trump administration taking control of the National Labor Relations Board (NLRB). On December 31, 2024, the Dartmouth men’s basketball team withdrew their petition to unionize. Members of the team overwhelmingly voted in March 2024 to... 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. Dartmouth Men’s Basketball Team, SEIU Withdraw Union Petition In March 2024, the Dartmouth College men’s basketball team voted 13-2 in favor of joining... View Article
On January 9, a federal judge in the Eastern District of Kentucky Court vacated the Biden administration’s Title IX regulations. The order strikes down the regulations nationwide, reverting enforcement back to the 2019 Title IX regulations set by the Trump administration. Background The Biden administration’s Title IX final rule was released in April 2024 and... View Article
On December 13, the Biden administration issued their Fall 2024 Regulatory Agenda, which provides insights on regulatory and deregulatory activity under development across more than 60 federal departments, agencies and commissions. The Fall 2024 Regulatory Agenda is the second agenda published this year, following the Spring 2024 Regulatory Agenda released in July. Given the upcoming... View Article
On December 18, the Department of Homeland Security (DHS) published a final rule to modernize the H-1B visa program, finalizing changes first proposed in October 2023. The rule will take effect on January 17, 2025, introducing significant updates aimed at clarifying the requirements of the H-1B program and improving program efficiency, providing greater benefits and... View Article
Over the past few weeks, President-elect Donald Trump has announced several nominations for leads at federal agencies. Of relevance to CUPA-HR members, Trump has nominated Rep. Lori Chavez-DeRemer (R-OR) to serve as secretary at the Department of Labor (DOL) and Linda McMahon to serve as the Department of Education (ED) secretary. The following analysis dives... 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. Terminated Professor May Pursue Title IX, Anti-Male Bias Claim as John Doe A former Boston University professor may anonymously pursue his Title IX... View Article
On November 15, a federal judge in the Eastern District Court of Texas ruled to strike down the Biden administration’s Fair Labor Standards Act (FLSA) overtime final rule. The ruling strikes down all components of the rule, meaning both the July and January salary thresholds are no longer in effect, and the triennial automatic updates... View Article
The results of the 2024 election are in: Donald Trump will serve as the 47th president of the United States, while both the Senate and House of Representatives will be controlled by Republicans. With the Republican trifecta in the White House and Congress, Republicans can focus on passing their policy priorities through legislation in Congress... 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. More Than 35,000 University of California Service Employees Vote to Strike The union representing over 35,000 service and patient care employees at all... View Article
On November 5, the 9th U.S. Circuit Court of Appeals reversed a lower district court’s decision to dismiss a lawsuit challenging the Biden administration’s executive order and the Department of Labor (DOL)’s final rule to increase the minimum wage for federal contractors. The ruling orders the legal challenge to proceed, which could ultimately strike down... View Article
On October 17, the Department of Labor’s (DOL) Office of the Solicitor (SOL) issued a Special Enforcement Report on “coercive contractual provisions.” The report lists several provisions they have seen included in employment contracts that the department believes “may discourage workers from exercising their rights under worker protection laws.” The report demonstrates recent actions taken by... View Article
On September 24, the Department of Labor (DOL), along with the Partnership on Employment & Accessible Technology (PEAT), published the AI & Inclusive Hiring Framework. The framework is intended to be a tool to support the inclusive use of artificial intelligence in employers’ hiring technology, specifically for job seekers with disabilities. According to DOL, 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. NCAA & Power Conferences Receive Preliminary Approval of Name, Image and Likeness and Anti-Trust Settlement — Ivies Win Dismissal of Anti-Trust Lawsuit A... View Article
The Public Service Loan Forgiveness (PSLF) program can offer significant financial relief to higher ed employees, but many don’t know they qualify for this benefit. PSLF is open to most full-time higher ed employees of nonprofit colleges and universities who have direct federal student loans. HR can spread the word to current employees and use... View Article
On September 11, the 5th U.S. Circuit Court of Appeals issued a ruling in Mayfield v. U.S. Department of Labor that upholds DOL’s authority to implement a minimum salary threshold to determine exempt status under the Fair Labor Standards Act (FLSA) overtime pay requirements. While the ruling does not answer how other lawsuits challenging 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. Fired Professor Who Praised Hitler Loses Free Speech Retaliation Lawsuit The New Jersey Institute of Technology prevailed in a federal lawsuit brought by... View Article
On August 16, the U.S. Supreme Court ruled against the Biden administration’s request to partially overturn preliminary injunctions from lower courts that block the Department of Education from enforcing the administration’s April 2024 Title IX final rule. The decision leaves the preliminary injunctions from the lower district courts in place, preventing the new Title IX... 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. Student-Athletes and NCAA Propose a $2.8 Billion Settlement in Antitrust and Name, Image and Likeness Case Attorneys representing student-athletes have filed for court... View Article
On August 6, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memo, “Clarifying Universities’ and Colleges’ Disclosure Obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act.” The memo was issued to all NLRB regional offices and is meant to provide guidance to institutions of higher education... View Article
On August 1, the Biden administration’s Title IX final rule goes into effect, implementing new requirements for compliance with Title IX for institutions of higher education. However, ongoing legal challenges have blocked the rule from taking effect in 26 states, as well as at certain institutions in states that have not sued the Department of... View Article
On July 5, the Biden administration released the Spring 2024 Unified Agenda of Regulatory and Deregulatory Action (Regulatory Agenda), providing insights on regulatory and deregulatory activity under development across more than 60 federal departments, agencies and commissions. The Spring 2024 Regulatory Agenda is the first of two that will be released during the calendar year,... 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 of California and UAW Agree to End Grad Student Strike The rolling strike of University of California graduate students at several campuses,... View Article
Update: On November 8, the federal judge from the Eastern District of Texas is set to hold a hearing on summary judgement in the business community’s challenge to DOL’s overtime final rule. While it is unknown how soon after we could get a decision on the validity of the rule, the judge could rule from... View Article
As we prepare for a new year at CUPA-HR, we want to take a moment to introduce our board of directors for 2024-25 and to thank those who have served on the board over the past year. The board, which guides the association’s strategic priorities, is an incredible team of higher ed HR leaders who... View Article
On July 1, the first phase of the U.S. Department of Labor (DOL)’s new overtime rule goes into effect. The initial phase of the rule will require employers to pay most white-collar employees a salary of at least $43,888. If employers fail to do so, those employees will be entitled to overtime pay under federal... View Article
On June 13, the House Education and Workforce Committee voted to advance H.R. 8534, the Protecting Student Athletes’ Economic Freedom Act. The bill would prohibit student-athletes from being classified as employees under federal and state labor laws and regulations due to their participation in intercollegiate athletics. The bill was introduced on May 23 by Rep.... View Article
Updates: On June 17, a federal judge in the Eastern District Court of Kentucky issued a second preliminary injunction against the Title IX rule, blocking the final rule from taking effect on August 1 in Virginia, Kentucky, Tennessee, Indiana, Ohio and West Virginia. On June 24, the Biden administration filed a notice of appeal for the preliminary injunction... 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. Judge Halts Academic Workers’ Strike at Several University of California Campuses The University of California has taken legal action against United Auto Workers... View Article
Reminder for the July 1 threshold update: Lawsuits challenging the final rule are underway. Though such challenges are ongoing, we expect the July 1 salary threshold to withstand legal challenges and to go into effect on that date. Institutions should therefore prepare to implement changes to comply with the July 1 threshold. We will continue... View Article
On May 23, a group of 13 local and national associations and Texas businesses filed suit in federal court in Texas, challenging the U.S. Department of Labor’s rule setting new minimum salary thresholds for the white collar overtime pay exemptions under the Fair Labor Standards Act (FLSA). The final rule of April 23, 2024 increases 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. Unions Representing Student Employees File Unfair Labor Practice Charges Related to Student Protests Nearly 30 unions representing more than 100,000 student workers at... View Article
On May 7, the Department of Education’s Office for Civil Rights (OCR) issued a “Dear Colleague” letter to offer guidance on schools’ responsibilities to prevent and rectify discrimination based on race, color, or national origin, including shared ancestry or ethnic characteristics, under Title VI of the Civil Rights Act of 1964 and its implementing regulations.... View Article
On April 29, the U.S. Equal Employment Opportunity Commission issued final guidance on workplace harassment and discrimination titled “Enforcement Guidance on Harassment in the Workplace.” The guidance clarifies existing employer obligations to address workplace discrimination and aims to assist employers in recognizing, managing and preventing in-person and online workplace harassment. Background The EEOC administers and... View Article
On April 29, the Department of Labor Wage and Hour Division (WHD) issued a Field Assistance Bulletin on “Artificial Intelligence and Automated Systems in the Workplace Under the Fair Labor Standards Act and Other Federal Labor Standards.” The bulletin provides guidance on the applicability of the FLSA and other federal labor standards as they relate... View Article
On 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). The rule increases the minimum salary threshold to $43,888 on July 1, 2024, and then to $58,656 on January 1, 2025. The rule also implements automatic updates to... View Article
On April 19, the Department of Education (ED) released the text of the highly anticipated Title IX final rule. The final rule expands protections against sex-based discrimination to cover sexual orientation, gender identity, and pregnancy or related conditions. The rule also revokes both the Trump administration’s ban on campuses using a single person to investigate... View Article
On April 15, 2024, the Equal Employment Opportunity Commission issued its long-awaited final regulations and interpretative guidance on the implementation of the Pregnant Workers Fairness Act (PWFA). The EEOC states in its press release that the final rule is intended to offer “important clarity that will allow pregnant workers the ability to work and maintain... View Article
On April 10, the White House Office of Information and Regulatory Affairs (OIRA) announced it had concluded review of the Department of Education’s (ED) final rule to amend Title IX. OIRA review is the final step in the regulatory process, and we expect the ED will issue the final rule any day now. We will... View Article
On April 11, 2024, the White House Office of Information and Regulatory Affairs (OIRA) announced it had concluded review of the U.S. Department of Labor’s (DOL) final overtime pay rule. The rule is expected to increase the minimum salary threshold for the executive, administrative and professional (EAP or white collar) employee exemptions to overtime pay... 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. Dartmouth Refuses to Bargain With Men’s Basketball Team Union As the next chapter in the Dartmouth College men’s basketball players union dispute, Dartmouth... View Article
On April 4, CUPA-HR’s government relations team, President and CEO Andy Brantley, and four national board members met with officials at the Department of Labor (DOL) and the Office of Information and Regulatory Affairs (OIRA) to discuss the upcoming overtime regulations to increase the minimum salary threshold. During the call, the group expressed CUPA-HR’s broad... View Article
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
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
On March 8, 2024, the U.S. District Court for the Eastern District of Texas invalidated the National Labor Relations Board’s joint-employer final rule, meaning the rule did not go into effect on March 11, as was anticipated. The NLRB will likely appeal the ruling to the 5th U.S. Circuit Court of Appeals. The final rule... 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. Dartmouth College May Appeal NLRB’s Decision Allowing Basketball Players to Unionize The Dartmouth College men’s basketball team voted 13-2 to unionize, selecting the... View Article
On March 5, 2024, the Dartmouth College men’s basketball team voted 13-2 in favor of joining the Service Employees International Union. The election marks the first time in nearly a decade that student-athletes have been authorized to vote for union representation and may be the first case in which their election results in certified representation.... View Article
On March 1, 2024, U.S. Citizenship and Immigration Services published updated forms and filing instructions for the I-129, Petition for a Nonimmigrant Worker and the I-140, Immigrant Petition for Alien Workers. These updates incorporate new fee calculations as outlined in the USCIS fee rule. Notably, the filing instructions state that institutions “of higher education, as... View Article
During calendar year 2023, union organizing continued to rise at institutions of higher education. Data from the National Labor Relations Board on union organizing show that 31.2% of all private-sector workers who successfully unionized in 2023 were employed by institutions of higher education. Public institutions also saw considerable union activity, though this is not reflected... View Article
On March 1, the Department of Labor (DOL)’s Wage and Hour Division (WHD) sent the highly anticipated final rule to update Fair Labor Standards Act (FLSA) overtime regulations to the Office of Information and Regulatory Affairs (OIRA) for review. This is a required step in the regulatory process and acts as one of the last... View Article
On February 23, a federal judge with the District Court for the Eastern District of Tennessee issued a preliminary injunction barring the NCAA from enforcing its rules prohibiting name, image and likeness compensation for recruits. The injunction applies nationwide. The policy in question prohibited student-athletes from negotiating and signing NIL contracts prior to enrolling at... View Article
On January 30, the Department of Defense, General Services Administration, and NASA issued a proposed rule to amend the Federal Acquisition Regulation (FAR) to create a salary history ban and require pay transparency during the hiring process for federal contractors and subcontractors. The proposed rule aligns with the Biden administration’s 2022 Executive Order, “Advancing Economy,... 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. Basketball Players Are Employees of Dartmouth, NLRB Concludes—Union Vote Scheduled for March 5 Student-athletes on the Dartmouth College men’s basketball team will vote... View Article
On February 2, 2024, the Department of Education (ED) sent its highly anticipated Title IX final rule to the White House Office of Information and Regulatory Affairs (OIRA) for review. OIRA review is the final step before the Title IX rule is published. While ED’s final rule is being reviewed, the public is not provided... View Article
On January 30, 2024, the Department of Homeland Security (DHS) announced a final rule to implement a new beneficiary-centric selection process for H-1B registrations. This rule, which also introduces start date flexibility for certain H-1B cap-subject petitions and additional integrity measures, is scheduled for publication in the Federal Register on February 2, 2024, and will... View Article
Important Update: We wish to clarify an important aspect regarding the USCIS final fee rule’s exemptions/reduced fees for nonprofit organizations. The rule specifies that the exemption/reduced fees apply to entities classified under the 501(c)(3) category, as per the Internal Revenue Code. This classification may not encompass many public universities and colleges, which, while tax-exempt, are... View Article
On January 31, CUPA-HR submitted a letter in response to the Bipartisan, Bicameral Congressional Paid Leave Working Group’s Request for Information on federal paid leave policy. The letter responds to some of the 10 questions posed by the Working Group to inform them of the role the federal government can play in creating a national... 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
December was a busy month for immigration-related developments, with several important updates that have implications for the higher education sector. In this post, we provide highlights of the actions that took place last month. CUPA-HR Joins Comments to DHS on H-1B Modernization NPRM On December 22, 2023, CUPA-HR and 19 other higher education associations joined... View Article