by CUPA-HR
While caring is difficult to quantify, measure or predict, we know it when we see it, feel it and are on the receiving end of it. The employees we serve experience the same thing. There is no state or federal law, no executive order, no external action that can regulate — let alone limit — our ability to care about the work we do and the people we support. At the local level, on our campuses, in our offices and during face-to-face interactions, we are still fully empowered to serve with compassion, empathy and care. People will notice.
On May 1, the Department of Labor’s Wage and Hour Division issued a field assistance bulletin providing guidance on determining employee or independent contractor status under the Fair Labor Standards Act while DOL reviews the 2024 final rule, Employee or Independent Contractor Classification Under the Fair Labor Standards Act. The rule currently faces legal action in multiple federal court cases in which the Trump DOL has taken the position that it is reconsidering the 2024 rule, including whether to rescind the regulation. 
New research from CUPA-HR has shown a 9% decrease in the full-time non-exempt workforce since 2017, and an 8% decrease in the part-time non-exempt workforce during the same period. It’s more important than ever to support your non-exempt employees by preventing burnout and bolstering work-life balance. Here are six ideas for strengthening your employee value proposition for non-exempt employees. 
General Counsel Ira Shepard reports on a federal hearing on the NCAA’s proposed $2.8B NIL settlement, and also discusses a proposed $49.3M settlement with volunteer baseball coaches. In addition, he covers a court rejecting a hostile work environment claim tied to anti-racism training, and another court rejecting a professor’s free-speech claim in a lawsuit over classroom slurs. Meanwhile, the 4th Circuit reinstates a DEI executive order, and the EEOC and DOJ issue guidance on DEI-related discrimination. 
There are common challenges that unite HR teams across state lines and between private and public institutions. It is unlikely that any HR office will fully escape implementing changes and grappling with difficult responsibilities. Even so, opportunities abound to make a positive impact, to be true helpers and show we care. To quote Arthur Ashe, “Start where you are, use what you have, do what you can.” Here are some ideas. 
“You have to change with the times.” “Go with the flow.” “This is just the new normal.” These are not uncommon sentiments during times of change. They’re even reasonable bits of advice and encouragement. However, for many in higher education today, these words may feel inadequate. How do we “adapt” when external pressures challenge our accustomed practices? How do we respond to the demands on our profession across the higher education landscape?