The Higher Ed Workplace Blog

On Friday, the Safer Federal Workforce Task Force posted new Q&As for vaccinations and vaccine-related leave for federal employees and contractors. Here are two excerpts that relate specifically to federal contractors: “How should an agency ask onsite contractor employees about their vaccination status?” and “What type of negative COVID-19 test result must a visitor or onsite contractor who is not fully vaccinated show documentation of in order to enter a federal building?”

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 August 31, 2021, has been extended through December 31, 2021. 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.

On July 29, President Biden announced the release of preliminary guidelines for a COVID-19 vaccine attestation mandate for all federal employees. Following these guidelines, the Safer Federal Workforce Task Force, which was established by Executive Order (EO) 13991, “Protecting the Federal Workforce and Requiring Mask-Wearing,” issued updated guidance on the role of federal agencies in inquiring about the vaccine status of federal employees and onsite contractors.

Though August is typically a quiet time in Washington, D.C., legislative activity during the first half of the month remained steady in preparation for a busy fall. To keep members updated on what to expect, the CUPA-HR government relations team pulled together a summary of recent actions that will continue to take shape after Congress returns from the August recess, including DOL and NLRB nominations, infrastructure bills, and the Pregnancy Workers Fairness Act.

On August 13, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued updated guidance regarding workplace COVID-19 precautions, incorporating, among other things, the Centers for Disease Control and Prevention (CDC)’s July 27 guidance for fully vaccinated people.

CUPA-HR General Counsel Ira Shepard highlights the rise in OSHA’s workplace safety inspections, the differing positions union leaders have taken regarding employer-mandated vaccine policies, recent rulings around a law professor and students challenging each of their institutions’ vaccine mandates, and a student-athlete Title IX retaliation claim.

Over the last year and a half, the rapid implementation and general success of remote work has brought about both new opportunities and new challenges. In particular, the challenges of navigating multi-state compliance issues can be tricky. While there is no one-size-fits-all approach, here are three key points to get you started on the right path.

On August 9, CUPA-HR and 12 other higher education associations sent a letter to United States Citizenship and Immigration Services (USCIS) Director Ur M. Jaddou requesting the Department of Homeland Security (DHS) extend and amend its previously announced flexibilities on Form I-9 compliance requirements. 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.

On Thursday July 29, President Biden announced the release of preliminary guidelines for a COVID-19 vaccination mandate for all federal employees. This decision is Biden’s most recent effort to promote vaccination nationwide and combat the spread of the Delta variant. Every federal government employee and onsite contractor will be asked to attest to their vaccination status. Anyone who does not attest to being fully vaccinated will be required to wear a mask on the job no matter their geographic location, physically distance from all other employees and visitors, comply with a weekly or twice weekly screening testing requirement, and be subject to restrictions on official travel.

On July 20, the Department of Education’s Office for Civil Rights (OCR) issued a questions-and-answers (Q&A) resource explaining how OCR interprets schools’ obligations under the 2020 amendments to the Title IX regulation. According to a press release from OCR, “the Q&A clarifies how OCR interprets schools’ existing obligations under the 2020 amendments” and includes an appendix, which “responds to schools’ requests for examples of Title IX procedures that may be adaptable to their own circumstances and helpful in implementing the 2020 amendments.”