A growing interest in artificial intelligence and its potential impact on the workforce has sparked action by policymakers at the federal level. An executive order from the Biden administration and a Senate committee hearing on AI focus on the ethical deployment of AI and the implications of the technology for the future of work.
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.
On October 23, 2023, U.S. Citizenship and Immigration Services issued a proposed rule aiming 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.
On November 7, 2023, 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 overtime pay requirements from its current level of $35,568 annually to $60,209 per year — a nearly 70% increase. CUPA-HR’s comments highlight the concerns from institutions across the country and ask that the DOL consider four recommendations.
CUPA-HR General Counsel Ira Shepard’s overview this month details new state laws, including a California mandate that employers have a workplace violence prevention plan, Washington’s new pay transparency law, and required time off for reproductive loss in California and Illinois. Multiple NLRB cases may affect whether student-athletes are defined as employees and whether the NCAA and college athletic conferences are considered joint employers. The former head women’s basketball coach of the University of Montana has lost a sex discrimination case. 
Transgender Awareness Week (November 13-19) is an opportunity for HR pros to educate themselves about daily steps that make a more inclusive workplace. It’s also a good time to review strategies for inclusion for all employees, including those who are transgender, nonbinary, and agender, among other gender identities.
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.
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. It highlights and upholds existing federal employment discrimination laws and precedence, such as the Pregnant Workers Fairness Act (PWFA) and the Supreme Court’s Bostock v. Clayton County decision. The guidance covers workplace harassment related to pregnancy and childbirth, sexual orientation and gender identity, and virtual and online harassment.
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 opportunities for underserved students.
Culture was at the heart of the three keynote events at CUPA-HR’s 2023 national conference, which took place recently in New Orleans. Our keynote speakers offered tips to help you boost employee engagement, promote a culture of inclusivity, and strengthen collaboration with your campus colleagues.