On April 19, the Department of Education (ED) released the text of the highly anticipated Title IX final rule. The final rule expands protections against sex-based discrimination to cover sexual orientation, gender identity, and pregnancy or related conditions. The rule also revokes both the Trump administration’s ban on campuses using a single person to investigate and adjudicate Title IX complaints and the Trump mandate regarding cross-examination of complainants. Institutions will need to be in compliance with the final rule by August 1, 2024. Background The ED released the text of the prop ..read more

On April 15, 2024, the Equal Employment Opportunity Commission issued its long-awaited final regulations and interpretative guidance on the implementation of the Pregnant Workers Fairness Act (PWFA). The EEOC states in its press release that the final rule is intended to offer “important clarity that will allow pregnant workers the ability to work and maintain a healthy pregnancy and help employers understand their duties under the law.” It provides guidance to employers and workers “about who is covered, the types of limitations and medical conditions covered, [and] how individuals can reques ..read more

In his recent webinar for CUPA-HR, Rahul Thadani, senior executive director of HR information systems at the University of Alabama at Birmingham, answered some of the most frequently raised questions about AI in HR. He also spoke to the most prevalent worries, including concerns about data privacy and whether AI will compete with humans for jobs. In addition to covering the basics on AI and how it works, Thadani addressed questions about the risks and rewards of using AI in HR, including: How can AI speed up productivity now? What AI tools should HR be using? How well is AI integrated into e ..read more

On April 10, the White House Office of Information and Regulatory Affairs (OIRA) announced it had concluded review of the Department of Education’s (ED) final rule to amend Title IX. OIRA review is the final step in the regulatory process, and we expect the ED will issue the final rule any day now. We will send another alert as soon as ED publishes the final rule. The ED released the text of the proposed rule on June 23, 2022, though the Federal Register did not officially publish the proposal until several weeks later on July 12, 2022. The agency received over 240,000 comments in response, in ..read more

On April 11, 2024, the White House Office of Information and Regulatory Affairs (OIRA) announced it had concluded review of the U.S. Department of Labor’s (DOL) final overtime pay rule. The rule is expected to increase the minimum salary threshold for the executive, administrative and professional (EAP or white collar) employee exemptions to overtime pay requirements under the Fair Labor Standards Act (FLSA) regulations. OIRA review is the final step in the regulatory process, and we expect DOL will release the final rule any day now. We will send another alert as soon as the final rule is re ..read more

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. Dartmouth Refuses to Bargain With Men’s Basketball Team Union As the next chapter in the Dartmouth College men’s basketball players union dispute, Dartmouth has refused to bargain with the union elected to represent the players. The men’s basketball team voted 13-2, in a National Labor Relations Board-supervised election, to be represented in collective bargaining negotiations by the Ser ..read more

On April 4, CUPA-HR’s government relations team, President and CEO Andy Brantley, and four national board members met with officials at the Department of Labor (DOL) and the Office of Information and Regulatory Affairs (OIRA) to discuss the upcoming overtime regulations to increase the minimum salary threshold. During the call, the group expressed CUPA-HR’s broad concerns with the rule, as well as the specific challenges implementation of the new rule could create for different types of institutions in various areas of the country. On March 1, DOL sent the final rule to update the Fair Labor S ..read more

On April 1, the Occupational Safety and Health Administration issued a final rule on the Worker Walkaround Representative Designation Process. The rule allows third-party representatives to accompany OSHA inspectors during physical workplace inspections. Under the Occupational Safety and Health Act and existing regulations to implement the law, employer representatives and authorized representatives of employees are allowed the opportunity to accompany OSHA inspectors during workplace inspections. The existing regulations state that authorized representatives of the employee are limited to emp ..read more

Join us for the webinar AI and HR: Understanding Opportunities, Challenges and Risks on Thursday, April 4 to learn how AI works and to explore the opportunities, challenges and risks of this new technology in the HR space. Presented by Rahul Thadani, executive director, HR system operations at the University of Alabama at Birmingham. During his recent keynote at CUPA-HR’s Higher Ed HR Accelerator, Commissioner Keith Sonderling of the Equal Opportunity Employment Commission observed, “now, AI exists in HR in every single stage of employment,” from writing job descriptions, to sourcing candidate ..read more

New research from CUPA-HR has found that median pay increases for most higher education employees in 2023-24 continued the upward trend seen last year (and exceeded the inflation rate for the first time since 2019-20). However, the findings also show that most higher ed employees are still being paid less than they were in 2019-20 in inflation-adjusted dollars. The largest gap between pre-pandemic inflation-adjusted salaries and current salaries is for tenure-track faculty (earning 9.7% less), followed by non-tenure-track teaching faculty (earning 8.2% less). The smallest gap is for staff (ea ..read more