On January 10, the Department of Labor’s (DOL) Wage and Hour Division (WHD) published the highly anticipated rule modifying the test for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The final rule rescinds the current “core factors” method for determining independent contractor status under the... View Article
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. Medical School Surgeon Awarded $15 Million in Damages Resulting From Biased Harassment Investigation A federal trial court jury awarded a medical school surgeon... 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 May Test Federal Ban on Hiring Undocumented Workers The University of California may be the first public institution to challenge... View Article
On October 25, the Senate Finance Committee held a hearing on federal paid leave. This comes as congressional Democrats and Republicans have shown interest in finding bipartisan consensus for a federal paid leave program. The hearing also provided policymakers and witnesses the opportunity to discuss the promise and drawbacks of paid leave proposals. Increasing employee... View Article
On October 23, 2023, U.S. Citizenship and Immigration Services (USCIS) issued a proposed rule that aims to improve the H-1B program by simplifying the application process, increasing the program’s efficiency, offering more advantages and flexibilities to both petitioners and beneficiaries, and strengthening the program’s integrity measures. Background The H-1B visa program is pivotal for many... View Article
On November 7, CUPA-HR, joined by 49 other higher education associations, submitted comments in response to the Department of Labor (DOL) Notice of Proposed Rulemaking (NPRM) to update the Fair Labor Standards Act (FLSA) overtime regulations. In the NPRM, the DOL proposes to update the salary threshold for the “white collar” exemptions to the FLSA... 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. California Becomes First State to Mandate Workplace Violence Prevention Plans Under a new law, the first broad state law of its kind, most... View Article
On October 26, 2023, the National Labor Relations Board (NLRB) released its final rule amending the standard for determining joint employer status under the National Labor Relations Act (NLRA). The rule replaces the board’s 2020 final rule on the same issue and greatly expands joint employer status under the NLRA. The final rule establishes joint... View Article
On September 28, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published new proposed guidance for employees and employers on navigating and preventing workplace harassment. “Enforced Guidance on Harassment in the Workplace” highlights and upholds existing federal employment discrimination laws and precedence, such as the Pregnant Workers Fairness Act (PWFA) and the Supreme Court’s Bostock... View Article
On September 28, 2023, the Department of Education released a report titled “Strategies for Increasing Diversity and Opportunity in Higher Education.” The report was issued in response to the Supreme Court’s June 2023 ruling against affirmative action in college admissions and it outlines ways institutions and states can adapt to prioritize improved accessibility to educational... View Article
This blog post was contributed by Elena Lynett, JD, senior vice president at Segal, a CUPA-HR Mary Ann Wersch Premier Partner. Institutions generally provide comprehensive mental health and substance use disorder (MH/SUD) benefits as part of their commitment to creating a safe and nurturing campus. However, the Mental Health Parity and Addiction Equity Act (MHPAEA)... 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. Governor Newsom Vetoes Bill That Would Ban Caste Discrimination California Governor Gavin Newsom vetoed what would have been the first specific state ban... View Article
While the ongoing turnover crisis impacts all of higher ed, supervisors are among the hardest hit. In our recent study, The CUPA-HR 2023 Higher Education Employee Retention Survey, supervisors say they’re grappling with overwork and added responsibilities (especially when their staff members take other jobs), while struggling to maintain morale. Supervisor retention is especially critical... View Article
Given the number of employees who successfully executed their work remotely at the height of the pandemic, it may come as no surprise that a substantial gap exists between the work arrangements that higher ed employees want and what institutions offer. According to the new CUPA-HR 2023 Higher Education Employee Retention Survey, although two-thirds of... 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
In 2022-23, turnover of higher ed employees was the highest in five years. A new report from CUPA-HR explores the issue of higher ed employee retention and the factors that impact retention. The CUPA-HR 2023 Higher Education Employee Retention Survey analyzed data from 4,782 higher ed employees — administrators, professionals and non-exempt staff, with faculty excluded... View Article
On August 30, the Department of Labor (DOL) announced a new proposed update to the salary threshold for the “white collar” exemptions to the Fair Labor Standards Act’s (FLSA) overtime pay requirements. DOL proposes raising the minimum salary threshold from its current level of $35,568 annually to $55,068 — a nearly 55% increase. It also... View Article
On August 7, the Equal Employment Opportunity Commission (EEOC) issued a proposed rule to implement the Pregnant Workers Fairness Act (PWFA). The proposed rule provides a framework for how the EEOC plans to enforce protections granted to pregnant workers under the PWFA. In December, the PWFA was signed into law through the Consolidated Appropriations Act... View Article
Editor’s note: The information in this post came from the National Athletic Trainers’ Association’s white paper “The Collegiate Athletic Trainer Labor Crisis,” which includes a checklist and a library of resources to assist collegiate ATs and leaders in evaluating recruitment, hiring, retention and advancement practices. Like much of higher ed, collegiate athletics is struggling with... View Article
On August 3, 2023, the Department of Homeland Security (DHS) published a notice in the Federal Register seeking comments on a potential pilot program to allow employers not enrolled in E-Verify to harness remote examination procedures for the Form I-9, Employment Eligibility Verification. Background DHS’s recent actions are built upon a series of moves aimed... 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. Tenured Professor Loses First Amendment Retaliation Claim Related to “Offensive” Blog Posted Months Before the Adverse Action The U.S. Court of Appeals for... 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
On July 21, the Department of Homeland Security (DHS) announced a final rule permitting the Secretary of Homeland Security to authorize optional alternative examination practices for employers when reviewing an individual’s identity and employment authorization documents required by the Form I-9, Employment Eligibility Verification. The rule creates a framework under which DHS may implement permanent... View Article
Yesterday, the Department of Labor (DOL) sent its proposed rule on “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees” to the White House Office of Information and Regulatory Affairs (OIRA) for review. This is a required initial step before the proposed overtime rule is published. OIRA, part of 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. Supreme Court Holds That Use of Race as a Factor in College Admissions Is Unconstitutional — Impact on Workplace Affirmative Action Plans Not... View Article
This morning, the Supreme Court issued rulings for the cases Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina (UNC), both of which concerned the use of race-based affirmative action in admissions decisions at colleges and universities. The court ruled in favor of Students for Fair Admissions, ultimately... View Article
On June 21, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a markup of three labor bills championed by Democrats: the Paycheck Fairness Act (S. 728), the Healthy Families Act (S. 1664), and the Protecting the Right to Organize (PRO) Act (S. 567). The three bills passed out of the committee by a... View Article
As we prepare for a new year at CUPA-HR, beginning July 1, we want to take a moment to introduce our board of directors for 2023-24 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... View Article
On June 14, the Biden administration released its Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions (Regulatory Agenda), providing the public with an update on the regulatory and deregulatory activities under development across approximately 67 federal departments, agencies and commissions. This release serves as the first Regulatory Agenda for the 2023 year, setting target... View Article
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 Issues a Formal Complaint Alleging College Football and Basketball Players Are Employees and Can Petition to Unionize The NLRB regional director in... View Article
On May 26, the Department of Education published a blog post stating that the release of the anticipated Title IX final rule will be delayed until at least October 2023. The final rule was previously targeted in the Fall 2022 Regulatory Agenda for May 2023. In the blog post, the department states that they need... View Article
In the latest development on Julie Su’s contentious nomination for secretary of the Department of Labor (DOL), Sen. Joe Manchin (D-WV) appears unlikely to vote in favor of Su when her nomination reaches a floor vote in the Senate. Recent news reported that Manchin may be seeking alternative candidates for the position, though no names... View Article
Over the past year, lawmakers have taken an increased interest in establishing and expanding upon benefits and protections for paid leave and pregnant workers. As a result, Congress passed two bills granting workplace protections to pregnant and nursing mothers at the end of 2022, while considering new federal proposals for paid family and medical leave.... View Article
From developing supervisor competencies to transforming HR operations, human resources teams and HR practitioners across the country are doing great work every day. CUPA-HR’s regional Higher Education HR Awards program recognizes some of the best and brightest in higher ed HR and honors HR professionals who have given their time and talents to the association.... View Article
On May 4, 2023, U.S. Immigration and Customs Enforcement (ICE) announced it will provide employers with 30 days to reach compliance with Form I-9 requirements after the COVID-19 flexibilities sunset on July 31, 2023. Employers will now have until August 30, 2023, to complete all required physical inspections of identity and employment-eligibility documents. This extension... 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. Court of Appeals Denies a Teacher’s Religious Accommodation Request to Be Excused From Student Pronoun Rule A divided 7th U.S. Circuit Court of... View Article
On April 28, the Department of Labor’s Wage and Hour Division (WHD) will begin enforcing remedies for employer violations of an employee’s right to reasonable break time and space to pump breast milk under the Fair Labor Standards Act (FLSA). These remedies were codified into law under the Providing Urgent Maternal Protections (PUMP) for Nursing... View Article
As higher ed institutions face pressure to fill open positions and offer more flexible work opportunities, many are responding by recruiting and hiring employees who live and work in a state different from where their institution’s primary campus is located. CUPA-HR’s Multi-State Workforce Survey was developed to better understand institutions’ policies, practices and challenges related... 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
On April 6, the U.S. Department of Education released a Notice of Proposed Rulemaking (NPRM) on student eligibility for athletic teams under Title IX. The proposed rulemaking focuses on transgender students’ eligibility to participate on athletic teams as legislation and policies at the federal, state and local levels have been introduced to ban transgender student... View Article
New research from CUPA-HR has found that although employees across the higher education workforce saw the most substantial pay raises in 2022-23 than in the past several years, they are still being paid less than they were in 2019-20 in inflation-adjusted dollars. Some of the key findings from an analysis of CUPA-HR’s higher ed workforce... View Article
Consider this scenario: An institution hires a new leader who has previously worked in higher ed. Assuming the individual has already acquired the knowledge and skills necessary to get the job done, HR guides them through a brief onboarding and launches them into their new role. Six months later, HR checks in with the leader... View Article
On March 22, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memo to all field offices with guidance on the Board’s recent decision in McLaren Macomb, in which the Board decided that employers cannot offer employees severance agreements that require employees to waive rights under the National Labor Relations Act (NLRA), such... View Article
On February 21, the National Labor Relations Board (NLRB) issued its decision in McLaren Macomb deciding that employers cannot offer employees severance agreements that require employees to waive rights under the National Labor Relations Act (NLRA), such as confidentiality and non-disparagement requirements. The Board explained in its press release on the decision that if an... 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. Court of Appeals May Narrow LBGTQ Rights Under Title VII The 5th U.S. Circuit Court of Appeals (covering Texas, Louisiana and Mississippi) recently... View Article
On March 16, the Department of Labor’s Wage and Hour Division (WHD) will present a webinar titled “The PUMP for Nursing Mothers Act: What Advocates and Employers Need to Know.” The free webinar is intended to provide resources and tools to assist employees who wish to continue breastfeeding after returning to work and to help... View Article
When it comes to representation and pay equity for women and people of color in the higher education workforce, colleges and universities have frequently struggled to make meaningful progress. Through several new interactive graphics representing years of research, CUPA-HR shines a light on the progress that has been made and the disparities that persist. These... View Article
On February 17, the Department of Education’s Office for Civil Rights (OCR) issued three resource documents on Title IX compliance for school athletic programs. The first resource document covers support for equal opportunity in school athletic programs generally, while the other two cover Title IX and athletic opportunities at K-12 schools and colleges and universities... View Article
On February 28, President Biden announced he would nominate Julie Su to lead the Department of Labor (DOL). Su is currently the deputy secretary of labor under Marty Walsh, who announced he would leave the agency mid-March to head the National Hockey League Players’ Association. Given previous opposition during her nomination to become deputy secretary,... View Article
On February 22, the U.S. Supreme Court issued its decision in Helix Energy Solutions, Inc. v. Hewitt, finding that an employee making over $200,000 per year was entitled to overtime pay under the Fair Labor Standards Act (FLSA) because he was not paid on a salary basis. The case is a reminder that exempt status... View Article
On February 9, the Department of Labor’s Wage and Hour Division (WHD) issued an opinion letter stating that employees with chronic serious health conditions may use Family and Medical Leave Act (FMLA) leave to reduce work hours indefinitely. The WHD opinion letters serve as a means by which the public can develop a clearer understanding... View Article
In the 118th Congress, bills will likely be introduced to reauthorize the Workforce Innovation and Opportunity Act (WIOA), which includes programs used by community colleges and other higher education institutions pursuing their own workforce development agendas. Passed in July 2014, the WIOA is the primary federal law to increase access to and coordination between workforce... View Article
After a month in session, the U.S. House of Representatives and Senate are finalizing their committee and subcommittee membership rosters. Of particular significance are the House Education and the Workforce Committee and Senate Health, Education, Labor and Pensions (HELP) Committee, which have jurisdiction over higher education and many labor and employment issues, including overtime, paid... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. Supreme Court May Consider the Propriety of the Court-Created “Adverse Employment Action” Rule, Limiting Title VII Complaints The Supreme Court has asked the... View Article
On January 4, 2023, U.S. Citizenship and Immigration Services (USCIS) issued a proposed rule to adjust certain immigration and naturalization benefit request fees, which would result in significantly higher fees for employment-based petitioners. USCIS last adjusted fees in 2016, but the most recent fee review conducted by the agency determined that the 2016 fees 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. Divided Court of Appeals Rules That Separating Bathrooms By Biological Sex Does Not Violate the Constitution or Title IX — Transgender Student’s Discrimination... View Article
As previous research from CUPA-HR has shown, America’s colleges and universities are in the midst of a talent crisis, as many employees are considering other employment opportunities due to a number of factors. As a follow-up to the initial findings of CUPA-HR’s 2022 Higher Education Employee Retention Survey, CUPA-HR has released new findings focused specifically... View Article
On December 29, 2022, President Biden signed the $1.7 trillion Consolidated Appropriations Act of 2023 (omnibus bill) to fund the federal government through fiscal year 2023 (FY 2023). Given the “must-pass” nature of the bill, the omnibus bill also served as a vehicle for policy unrelated to government funding that was unlikely to pass as... View Article
On January 4, 2023, the Biden administration released the anticipated Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions (Regulatory Agenda), providing the public with a detailed glimpse into the regulatory and deregulatory activities under development across approximately 67 federal departments, agencies and commissions. Agendas are generally released in the fall and spring and set... View Article
Throughout the year, the Higher Ed Workplace Blog and Higher Ed HR Magazine feature HR innovations and success stories from the CUPA-HR community. In case you missed them, we’ve listed several great blog posts and articles of 2022 that will leave you feeling inspired and ready to take action at your institution. The Higher Ed... View Article
On December 15, the National Labor Relations Board (NLRB)’s Region 31 announced it will pursue a complaint against the National Collegiate Athletic Association (NCAA), the Pac-12 Conference and the University of Southern California (USC) for violating the National Labor Relations Act (NLRA) by misclassifying student-athletes as non-employees, unless the matter is settled. On February 8,... 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 Wins Dismissal of “Deliberate Indifference” to Sex Harassment Claims on Statute of Limitations Grounds A federal district court dismissed 12 counts of... View Article
On November 17, CUPA-HR joined the American Council on Education (ACE) and over 60 other higher education associations in sending a letter to House of Representatives and Senate leadership urging Congress to pass permanent protections for the Deferred Action for Childhood Arrivals (DACA) program after recent court decisions have left the status of the program... 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 Disavows Publicly-Expressed Views of Former General Counsel Regarding Abortion Travel Issues The Equal Employment Opportunity Commission (EEOC) took the rare step of... View Article
Thank you to all who attended the CUPA-HR Annual Conference and Expo in person and virtually last week! It was wonderful to welcome new (300+ first-timers!) and familiar faces and to learn about successful projects and initiatives from higher ed peers at institutions across the country. For those who weren’t able to attend, here’s some... View Article
As the 2022 midterm election nears, Congress has turned its focus to campaigning and essentially halted legislative action until after the election. Despite the lack of activity from Congress, federal agencies have continued to push forward with anticipated regulatory actions in the labor and employment policy area. This blog post details some of the regulatory... View Article
On October 11, the Department of Homeland Security (DHS) announced a further extension of the flexibilities on Form I-9 compliance requirements that have been in place since the onset of the COVID-19 pandemic. The guidance was set to expire October 31, but has now been extended through July 31, 2023. The guidance will continue 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. University’s Internal Investigation of Pay Equity Claims Protected By Attorney-Client Privilege — EEOC Fails In Attempt to Require Disclosure of Documents A federal district... View Article
On September 12, CUPA-HR submitted comments in response to the Department of Education (DOE)’s Notice of Proposed Rulemaking (NPRM) to amend Title IX. The NPRM seeks to rollback and replace the Trump administration’s 2020 Title IX rule, specifically with respect to its grievance procedures, and establish expanded protections against sex-based discrimination to cover sexual orientation,... 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 Football Coach’s First Amendment Retaliatory Discharge Claim For Posting “All Lives Matter” Sign On His Office Door Proceeds A federal district court... View Article
On Oct. 6, 2021, the U.S. Department of Education announced a change to the Public Service Loan Forgiveness (PSLF) program rules for a limited time as a result of the COVID-19 national emergency. Millions of non-profit and government employees have federal student loans and may now be eligible for loan forgiveness or additional credit through... View Article
On August 18, the Department of Homeland Security (DHS) published in the Federal Register its anticipated Notice of Proposed Rulemaking (NPRM) on optional alternative examination practices for employers when reviewing an individual’s identity and employment authorization documents required by the Form I-9, Employment Eligibility Verification. Interested stakeholders can submit comments on the NPRM through October... View Article
When August arrives, Congress leaves D.C. and heads to their home districts for the annual August recess period. To keep CUPA-HR members apprised of recent and future actions on the Hill and in federal agencies, here are highlights of the latest actions by Congress, nominations they’ll have to consider when they return, and regulations that... View Article
According to data recently released by CUPA-HR, the higher ed workforce positions that saw the greatest growth from 2020-21 to 2021-22 were event planning assistant (up 193%), institutional research analyst (up 161%), head of campus museum (up 120%) and tutor (up 114%). These increases reflect an increase in the number of people hired to fill... 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 Reaches Settlement Banning Employer Collection of Family COVID-19 Testing Results — GINA Implications In a case involving a dermatology medical practice in... View Article
For the higher ed HR community to thrive there must be a pipeline of early-career professionals waiting in the wings, and one way CUPA-HR equips early-career pros to grow in their role and take steps toward their career goals is through the Wildfire program. The program, sponsored in part by HigherEdJobs, is a 12-month immersive... View Article
On July 15, a federal judge from the U.S. District Court of the Eastern District of Tennessee issued a preliminary injunction blocking enforcement of the Department of Education’s Title IX guidance that prohibits discrimination on the basis of gender identity and sexual orientation. Specifically, the ruling blocks enforcement of a June 2021 Notice of Interpretation... View Article
New research from CUPA-HR shows that higher education institutions are in the midst of a talent crisis, as many staff, professionals and administrators are considering other employment opportunities due to dissatisfaction with their pay, their opportunities for advancement, their institutions’ remote and flex work policies, and more. The newly published research report, The CUPA-HR 2022... View Article
CUPA-HR’s Association Leadership Program (ALP) has taken place every July for more than two decades, bringing together chapter, region, and national board members; association staff; key corporate partners; and other invited guests. After two years of meeting only virtually, these leaders were finally able to meet again in person last week. “We’re Still Standing!” The... View Article
The goal of CUPA-HR’s Emerging CUPA-HR Leaders program is to identify potential volunteer leaders who have shown exemplary leadership and initiative within higher ed HR and exhibit the desire to play an active role in advancing the profession. Invited participants have the unique opportunity to engage in problem-solving work groups and develop deep networks with... 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. Long Awaited Title IX Regulations Issued On Thursday, June 23 the Biden administration’s Department of Education issued its long anticipated new Title IX... View Article
On June 21, the Biden administration released the anticipated Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions (Regulatory Agenda), providing the public with a detailed glimpse into the regulatory and deregulatory activities under development across approximately 67 federal departments, agencies and commissions. Agendas are generally released in the fall and spring and set target... 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 2022-23 and 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 are... View Article
On June 23, the Department of Education released the highly anticipated Notice of Proposed Rulemaking (NPRM) to amend Title IX. The NPRM proposes to replace the Trump administration’s 2020 Title IX rule and establishes safeguards for transgender students by proposing a ban on “all forms of sex discrimination, including discrimination based on sex stereotypes, sex... View Article
On June 14 and 15, the House Education and Labor Committee and Senate Appropriations Committee’s Subcommittee on Labor, Health and Human Services, Education, and Related Agencies held hearings on policies and priorities of the U.S. Department of Labor (DOL), as well as President Biden’s Fiscal Year 2023 Budget Request for DOL. In both hearings, Secretary... View Article
In May and June, CUPA-HR participated in five regional listening sessions hosted by the Department of Labor (DOL) on the anticipated Notice of Proposed Rulemaking (NPRM) to update the criteria for the “executive, administrative and professional” exemptions for overtime pay under the Fair Labor Standards Act (FLSA). The listening sessions provided regional employers the opportunity 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. Supreme Court to Determine Scope of Highly Paid Executive Employee Exemption Under the Fair Labor Standards Act (FLSA) The U.S. Supreme Court will... View Article
On May 19, the U.S. Department of Education released an FAQ document which confirms that Higher Education Emergency Relief Fund (HEERF) monies can be used to support the mental health of faculty, staff, and students. The document addresses commonly asked questions and provides specific examples on how some institutions have already used HEERF funding 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. Anxiety and PTSD Driving Increase in Both Accommodation Requests and Mental Health Discrimination Bias Claims Under the Americans With Disabilities Act The EEOC... View Article
Over the last month, CUPA-HR’s government relations team joined the American Council on Education (ACE) and other higher education organizations in virtual Capitol Hill meetings to discuss tax priorities for the higher education community. Meetings have been held with staffers of Members of the House Ways and Means Committee to advocate for tax policies and... View Article
Effective May 4, U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) to increase the automatic extension period of expiring employment authorization documents (EADs) for certain renewal applicants from 180 days to 540 days. Specifically, the TFR applies to three groups of applicants in EAD categories currently eligible for the previous 180-day automatic... View Article
From creating diversity efforts and development initiatives to leading change, human resources teams and HR practitioners across the country are doing great work every day. CUPA-HR’s regional Higher Education HR Awards program recognizes some of the best and brightest in higher ed HR and honors HR professionals who have given their time and talents to... View Article
CUPA-HR has released its data on overall higher ed pay increases, as well as changes in workforce size for 2021-22. Higher Ed Pay Increases Have Not Kept Pace With Inflation The soaring inflation rate has far outpaced pay increases for the higher education workforce. According to findings from CUPA-HR’s annual workforce surveys for 2021-22, overall... 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. Court of Appeals to Decide Whether a Non-Citizen Applicant for U.S. College Soccer Coaching Position Is Covered Under U.S. Anti-Discrimination Laws The U.S.... View Article
On March 15, President Biden signed into law the Violence Against Women Act (VAWA) Reauthorization Act of 2022. The legislation reauthorizes all current VAWA grant programs through 2027 and was included in the omnibus appropriations package, which provided $1.5 trillion to fund the federal government for fiscal year 2022. Several of the VAWA Reauthorization Act’s... View Article
On April 1, President Biden announced his intention to nominate Kalpana Kotagal to serve as a commissioner on the Equal Employment Opportunity Commission (EEOC). If confirmed, Kotagal would give the EEOC Democratic control for the first time under the Biden administration, as she would fill the seat currently held by Janet Dhillon, a Republican appointee... View Article
In the Biden administration’s fall 2021 regulatory agenda, the Department of Labor (DOL)’s Wage and Hour Division (WHD) announced that it planned to release in April 2022 a Notice of Proposed Rulemaking (NPRM) changing criteria for the “executive, administrative and professional” exemptions from the overtime pay requirements under the Fair Labor Standards Act (FLSA). In... View Article
On February 17, the U.S. Department of Agriculture (USDA) issued a Notice of Proposed Rulemaking (NPRM) outlining plans to impose new HR-related conditions on USDA contracts. If finalized, the rule would require federal contractors on projects procured by the USDA to certify their compliance with dozens of federal and state labor laws and executive orders.... View Article
On January 24, the Supreme Court issued its unanimous decision in Hughes v. Northwestern University, a case dealing with 403(b) retirement plan fiduciary duties under the Employee Retirement Income Security Act (ERISA). The court criticized the standard applied by the lower courts and sent the case back to the 7th Circuit to reevaluate the plaintiffs’... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. National College Players Association Files Unfair Labor Practice Charges Against the NCAA and Multiple Public and Private Colleges, Asserting College Basketball and Football... View Article