The Higher Ed Workplace Blog

On December 13, the Biden administration issued their Fall 2024 Regulatory Agenda, which provides insights on regulatory and deregulatory activity under development across more than 60 federal departments, agencies and commissions. The Fall 2024 Regulatory Agenda is the second agenda published this year, following the Spring 2024 Regulatory Agenda released in July. Given the upcoming change in administration, the Fall 2024 Regulatory Agenda is the last that will be released by the Biden administration.

On December 18, the Department of Homeland Security published a final rule to modernize the H-1B visa program, finalizing changes first proposed in October 2023. The rule will take effect on January 17, 2025, introducing significant updates aimed at clarifying the requirements of the H-1B program and improving program efficiency, providing greater benefits and flexibility for petitioners and beneficiaries, and strengthening program integrity measures.

Over the past few weeks, President-elect Donald Trump has announced several nominations for leads at federal agencies. Of relevance to CUPA-HR members, Trump has nominated Rep. Lori Chavez-DeRemer (R-OR) to serve as secretary at the Department of Labor and Linda McMahon to serve as the Department of Education secretary. The following analysis dives into how Chavez-DeRemer and McMahon may lead each agency’s regulatory action on a few of the most pressing policy issues.

General Counsel Ira Shepard’s final overview of 2024 includes a professor allowed to sue a university anonymously as John Doe in a Title IX, anti-male bias claim, the lawsuit filed against the NCAA by a Division I tennis player who had to forfeit prize money, the dismissal of a complaint against a university’s required DEI statement on its initial applicant screening process, and more.

The holiday break is a perfect time for leveling up your knowledge, igniting your HR spark, and collecting wisdom to share with your team. These book recommendations have been hand-picked by CUPA-HR colleagues for their insights into topics like change management, inclusion and belonging, and daring leadership. They make great team book club reads, too! Grab a warm beverage and cozy up with one of these HR reads.

On November 15, a federal judge in the Eastern District Court of Texas ruled to strike down the Biden administration’s Fair Labor Standards Act (FLSA) overtime final rule. The ruling strikes down all components of the rule, meaning both the July and January salary thresholds are no longer in effect, and the triennial automatic updates will not take place. The decision applies to all covered employers and employees under the FLSA nationwide.

The results of the 2024 election are in: Donald Trump will serve as the 47th president of the United States, while both the Senate and House of Representatives will be controlled by Republicans. With the Republican trifecta in the White House and Congress, Republicans can focus on passing their policy priorities through legislation in Congress and regulatory action at the federal agencies. CUPA-HR’s government relations team provides this analysis to offer insight into possible leadership, policies and regulations we expect starting in January 2025.

General Counsel Ira Shepard’s overview this month includes a possible strike by service and patient care workers of the University of California, involving more than 35,000 employees at all 10 campuses as well as five health centers. Other court-related news includes a lawsuit concerning FERPA and the release of graduate student employee information, an educator’s Title IX claim of anti-male bias, the NLRB general counsel’s stance on new student-athlete employment legislation, and more.

On November 5, the 9th U.S. Circuit Court of Appeals reversed a lower district court’s decision to dismiss a lawsuit challenging the Biden administration’s executive order and the Department of Labor’s final rule to increase the minimum wage for federal contractors. The ruling orders the legal challenge to proceed, which could ultimately strike down the executive order and final rule.

Surveys can be a powerful tool for improving workplace culture and employee satisfaction, but they can have unintended consequences if no action planning follows. In fact, the lack of tangible — and rapid — action planning often lead to a cycle of employee disengagement and eroded trust, which results in fewer employees taking future surveys, and ultimately weakens their effectiveness overall. But getting surveys right is possible. By implementing targeted surveys and following up with action planning, higher ed workplaces can earn a reputation for valuing employee insights.