On August 6, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memo, “Clarifying Universities’ and Colleges’ Disclosure Obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act.” The memo was issued to all NLRB regional offices and is meant to provide guidance to institutions of higher education... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. Federal Appeals Court Panel Expresses Skepticism Regarding New York City Teachers’ Challenge to the Constitutionality of the New York City Vaccine Mandate for... View Article
On March 12, the National Labor Relations Board (NLRB) announced it would be withdrawing its 2019 Notice of Proposed Rulemaking (proposed rule) addressing the extent to which students who perform services for private higher education institutions are considered employees under the National Labor Relations Act (NLRA). The official Notice of Withdrawal will be published in the... View Article
On May 6, the U.S. Small Business Administration (SBA) released an interim final rule (IFR) to supplement previously issued IFRs implementing the CARES Act’s Paycheck Protection Program (PPP). The new IFR provides guidance tailored for institutions of higher education, such as additional eligibility requirements with respect to student workers and nondiscrimination obligations. The CARES Act,... View Article
As the COVID-19 public health emergency continues, policymakers are providing new financial assistance to workers impacted by the outbreak. One form of assistance is additional unemployment compensation for both previously eligible individuals and new classes of workers. Questions remain, however, about which workers qualify to receive such benefits, including whether students who perform work for... View Article
On January 15, 2020, CUPA-HR, the American Council on Education (ACE), and other higher ed associations, filed comments in response to the National Labor Relations Board (NLRB)’s Notice of Proposed Rulemaking on student workers. The proposed rule essentially states that student workers at private institutions are not considered employees under the National Labor Relations Act... View Article
Members OnlyWhile individuals pursuing an undergraduate or graduate degree are employed throughout the American workforce in a wide array of capacities, our emphasis in this toolkit is on such individuals in the employ of an institution of higher education, ancillary to their pursuit of a degree at that school. There are obviously cases in which individuals... View Article