The Higher Ed Workplace Blog

On July 15, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a nomination hearing on David Weil to serve as the administrator of the Wage and Hour Division (WHD) of the Department of Labor (DOL), as well as Gwynne Wilcox and David Prouty to serve as members of the National Labor Relations Board (NLRB). The hearing displayed the partisan nature of the nominations, with Democrats applauding the nominees for their support for workers, and Republicans expressing concern with the nominees’ ability to act as neutral arbiters of the law.

CUPA-HR General Counsel Ira Shepard highlights the Supreme Court ruling on educational benefits for student-athletes; a pending Supreme Court ruling on emotional distress damages for victims of disability discrimination; a First Amendment retaliatory discharge claim related to a racial slur posted on Facebook; the EEOC’s opposition to a religious class action challenging federal LGBT rights; and more.

Higher ed leaders worked tirelessly last year to facilitate employee transitions to remote work. Now that many employees are firmly rooted in their remote work routine (and in some cases hesitant or unable to return to campus), what was previously a short-term solution is becoming a permanent option at many institutions, and the next challenge for higher ed leaders will be maintaining institutional culture and fostering connection in that new hybrid environment. Here’s what some of your higher ed HR peers are saying about how to maintain — and even improve — workplace culture.

On June 30, Rep. Mariannette Miller-Meeks (R-IA), Ranking Member of the House Education and Labor Committee Virginia Foxx (R-NC), and three other Republican members on the Education and Labor Committee introduced H.R. 4248, the Workflex in the 21st Century Act. The bill amends the Employee Retirement Income Security Act (ERISA) to create Qualified Flexible Work Arrangement (QFWA) plans that allow employers to offer paid time off and several flexible work arrangements to their employees.

On June 24, the House Education and Labor Committee held a hearing on “Examining the Policies and Priorities of the U.S. Department of Education.” Secretary of Education Miguel Cardona testified on behalf of the Department of Education to discuss and answer questions about the department’s goals and commitments to the education community through the elementary to postsecondary levels.

According to the CUPA-HR 2021 Benefits in Higher Education Annual Report, fewer than 40 percent of higher ed institutions offer paid parental leave to new parents. The recently released report examines the benefits offered to higher ed employees, including healthcare plans, wellness programs, paid time off, tuition benefits and retirement.

On June 4, the Centers for Disease Control and Prevention (CDC) issued revised guidance for higher ed institutions, providing updated recommendations for institutions considering the partial or full resumption of in-person learning for the upcoming academic year. The guidance is intended to supplement rather than replace federal, state and local health and safety regulations for higher ed institutions. The guidance was issued in four parts, which have been summarized here.

Have leaders at your institution embraced flexible work, viewing it is a way to boost employee engagement, productivity, retention and recruitment efforts? Or are they skeptical that flexible work arrangements can work for the long-term? In a recent CUPA-HR webinar, “Leading Into the Future of Flexible Work,” a panel of higher ed HR professionals discussed what their institutions are doing to implement changes on campus and how they are preparing for the future of work while ensuring they meet their institutional goals. Listen to two quick soundbites from the webinar.

On June 21, the U.S. Supreme Court issued a narrow but significant decision in NCAA v. Alston. The Court unanimously ruled against the National Collegiate Athletic Association (NCAA), deciding that the NCAA’s strict limitations on education-related benefits that higher education institutions can offer to student-athletes violates federal antitrust law.

On June 9 and June 17, the Senate Committee on Commerce, Science, and Transportation held two hearings titled “NCAA Athlete NIL Rights” and “NCAA Student Athletes and NIL Rights,” respectively. During the hearings, senators and witnesses discussed proposals to allow students to monetize their name, image and likeness (NIL) in schools across the country, in addition to other issues relating to student-athletes. The hearings continue ongoing discussions on the topic in the Senate as states continue to pass their own NIL legislation.