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Posts from the ‘Compliance/Legal Issues’ Category

HR and the Courts: Recent Rulings on Free Speech, Class Action Pension Litigation, Disability and Religious Discrimination

by CUPA-HR

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira.

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CUPA-HR Joins Higher Ed Groups to Support the Dream Act of 2017

by CUPA-HR

The bill, which was introduced on July 20 by Sens. Lindsey Graham (R-SC) and Richard Durbin (D-IL), would allow undocumented immigrants — often referred to as Dreamers — who grew up in the United States the ability to earn lawful permanent residence and provide a pathway to citizenship.

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Marvin Kaplan Sworn in as NLRB Member

by CUPA-HR

Kaplan's appointment brings the NLRB to a four-of-five-member complement, split 2-2 along party lines. The president's other nominee, William Emanuel, will face a confirmation vote this fall. If he is confirmed, the Board would shift to a Republican majority for the first time since December 2007.

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HR and the Courts: ADA Prescription Marijuana Precedent, Telecommuting as a Reasonable Accommodation and More

by CUPA-HR

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Read the latest from Ira.

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DOL’s Request for Information on the Overtime Rule to Be Published July 26

by CUPA-HR

The RFI invites the public to comment on a multitude of questions, including “whether the standard salary level set in that rule effectively identifies employees who may be exempt, whether a different salary level would more appropriately identify such employees, the basis for setting a different salary level, and why a different salary level would be more appropriate or effective.”

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DOL Plans to Revise the Overtime Rule

by CUPA-HR

On June 30, DOL filed its reply brief in the Fifth Circuit in relation to its appeal from the November 2016 federal district court decision granting a preliminary injunction to the Fair Labor Standards Act overtime rule. In the brief, DOL asks the court to affirm that the agency can set a salary threshold, while declining to defend the Obama era rule — stating that it will revise the rule through further rulemaking if the Fifth Circuit confirms DOL’s ability to set a salary threshold.

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DOL Reinstates Wage and Hour Opinion Letters

by CUPA-HR

The opinion letter process, which had been a longstanding practice of DOL, was eliminated during the Obama administration. "Reinstating opinion letters will benefit employees and employers as they provide a means by which both can develop a clearer understanding of the FLSA and other statutes," said Secretary of Labor Alexander Acosta.

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3 Tips for Training Employees on Title IX

by Missy Kline

Most Title IX experts agree that training and communication are key to not only helping prevent sexual violence on campus, but also to helping an institution appropriately respond to a complaint of sexual assault and/or to maneuver through a Title IX investigation. To learn more about effective training practices, we spoke with Mary Anne Koleny, HR director and Title IX liaison for the University of Pittsburgh at Greensburg, who as part of her recent master’s work studied Title IX training for higher ed employees. Here, she offers three tips on how to provide comprehensive training and resources for Title IX reporting on your campus.

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DOL to Issue Request for Information on the Overtime Rule

by CUPA-HR

RFIs are a first step in the regulatory process, and Acosta's comments on the matter suggest DOL is reconsidering the last administration’s approach to updating the overtime regulations. While Acosta did not indicate the exact timing of the RFI, he did say that the agency will publish the request “in the next two to three weeks.”

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Which Higher Ed Positions Were Most Affected by DOL’s Proposed Changes to the Overtime Rule?

by Missy Kline

Recently released data from CUPA-HR’s Professionals in Higher Education Salary Survey give us a good idea of which positions were changed to nonexempt and which positions saw salary increases to get them to the DOL's proposed salary threshold.

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