The Higher Ed Workplace Blog

DHS Extends I-9 Flexibility Guidance Another Four Months

by CUPA-HR

On December 15, the Department of Homeland Security (DHS) announced a further extension of the flexibilities on Form I-9 compliance requirements that was initially granted last year. The guidance, which was slated to expire on December 31, 2021, has been extended through April 30, 2022. The guidance will continue to allow for remote inspection of Form I-9 documents in situations where employees work exclusively in a remote setting due to COVID-19-related precautions.

HR and the Courts

by CUPA-HR

CUPA-HR General Counsel Ira Shepard provides an overview on the Biden administration’s blocked vaccine mandate, discussions surrounding a racial discriminatory discharge and retaliation case, student athlete misclassification complaints, a Harvard collective bargaining contract and more. Read the latest updates.

CUPA-HR Leads Higher Ed Letter Asking for Further Extension of I-9 Flexibility Guidance

by CUPA-HR

On December 13, CUPA-HR and ten other higher education associations sent a letter to United States Citizenship and Immigration Services (USCIS) Director Ur Jaddou requesting the Department of Homeland Security (DHS) extend its previously announced flexibilities on Form I-9 compliance requirements through June 30, 2022. The guidance, which has been extended continuously since March 2020 and was amended on April 1, 2021, permits remote inspection of Form I-9 documents in situations where employees work exclusively in a remote setting due to COVID-19-related precautions.

DOL Issues Final Rule to Increase Federal Contractor Minimum Wage

by CUPA-HR

On November 24, the Department of Labor (DOL)’s Wage and Hour Division (WHD) issued a final rule implementing President Biden’s Executive Order 14026 (EO), “Increasing the Minimum Wage for Federal Contractors.” The rule increases the minimum wage for federal government contractors for workers who work on or in connection with a covered federal contract to $15 per hour beginning January 30, 2022, and requires the secretary of labor to annually review and determine the minimum wage amount beginning January 1, 2023.

Biden Administration’s Vaccine Mandates Face Legal Challenges in Court

by CUPA-HR

Over the past several months, the Biden administration announced and implemented several vaccine and testing mandates for federal workers, federal contractors and private employers. States and business stakeholders quickly responded with lawsuits against the administration’s mandates, which continue to be challenged in courts around the country. To keep CUPA-HR members apprised of the legal challenges, we have detailed the most recent litigation updates for the federal contractor vaccine mandate, the Occupational Safety and Health Administration (OSHA)’s Emergency Temporary Standard (ETS), and the Centers for Medicare and Medicaid Services’ (CMS) vaccine mandate for healthcare workers — all three of which are on hold pending the various lawsuits’ outcomes.

Develop to Retain: Tools and Resources for Higher Ed Professional Development

by CUPA-HR

It’s Employee Learning Week — a great reminder for employers to showcase their commitment to talent development by highlighting development opportunities available to employees. Whether you’re an HR practitioner in search of professional development ideas for yourself and your HR peers, or you’re looking for ideas to engage and develop other employees at your institution, here are several tools, tips and resources to help you take the next step.

Celebrate International Day of People With Disabilities on December 3

by CUPA-HR

In 1992, as part of its focus on promoting the well-being of people with disabilities, the United Nations called for an international day of celebration for people with disabilities. Held on December 3 each year, International Day of People With Disabilities is a day to recognize and learn from the experiences of those with disabilities and for organizations to show support and take action to create more diverse and inclusive communities.

HR and the Courts

by CUPA-HR

CUPA-HR General Counsel Ira Shepard highlights recent rulings around New York City teachers contesting the validity of public and private employer vaccine mandates, student workers at a private university seeking union formation and bargaining rights under the National Labor Relations Act, several states considering contesting or altering the OSHA vaccine mandate, a sex harassment case and a disability discrimination case.

House Passes Bills to Protect Older Job Applicants and Strengthen Domestic Violence Prevention and Survivor Support Services

by CUPA-HR

On October 26 and November 4, 2021, the House of Representatives passed H.R. 2119, the Family Violence Prevention and Services Improvement Act of 2021, and H.R. 3992, the Protect Older Job Applicants (POJA) Act of 2021, respectively. Both bills passed by a close bipartisan vote — the former by a vote of 228-200 and the latter 224-200 — and are supported by President Biden.

OSHA Emergency Temporary Standard and CMS Interim Final Rule on Vaccination Requirements Released

by CUPA-HR

On November 4, the Department of Labor’s Occupational Safety and Health Administration and the Department of Health and Human Services’ Centers for Medicare & Medicaid Services issued their highly anticipated Emergency Temporary Standard and interim final rule setting vaccination requirements for employers with 100 or more employees and healthcare workers, respectively. Under the new policies, covered employers with 100 or more employees, healthcare workers at facilities participating in Medicare or Medicaid, AND federal contractors requiring vaccinations under Executive Order 14042 will be required to be fully vaccinated — either two doses of Pfizer or Moderna, or one dose of Johnson & Johnson — by January 4, 2022.