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Posts from the ‘Compliance/Legal Issues’ Category

CUPA-HR CEO Andy Brantley Testifies Before House Subcommittee on Overtime Rule

by Missy Kline

During his remarks, Brantley relayed higher education’s concerns with the U.S. Department of Labor (DOL)’s recent overtime rule and the complicated process institutions underwent in order to comply by the rule's effective date, while also expressing the importance of a salary update and providing suggestions for moving forward.

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DOJ Issues New Rule on Unfair Immigration-Related Employment Practices

by CUPA-HR

Under the rule, employers can be found liable for immigration-related employment discrimination if they take actions, even those that are not adverse, during any step of the hiring process that differentiate between employees based on national origin or citizenship status regardless of the reason for doing so.

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Asked and Answered: Questions on Immigration Reform, the ACA, Paid Leave and More Under the New Administration

by CUPA-HR

CUPA-HR's government relations team recently presented a webinar on what we might expect in the way of regulations and legislation with implications for the higher education workplace and workforce. Here, they answer some of the questions that came out of the webinar.

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2016 Comes to a Close

by CUPA-HR

When the new year is ushered in, congressional Republicans and President Trump will have a huge amount of work to do in order to be successful delivering on campaign promises. The Trump administration has been very vocal that they want to repeal and replace the Affordable Care Act (ACA), make changes to corporate tax reform — which will include small business — and individual tax reform, and make significant changes to our immigration laws.

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FLSA Injunction–Changes Made, Changes Stopped and Changes Reversed

by Andy Brantley

flsa_injunction_infog_2Following months of preparation for the December 1 FLSA changes, the injunction issued on November 22 temporarily stopped implementation, requiring quick action by higher ed HR and other campus leaders. See what actions institutions have taken in response to the injunction.

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DOL’s Persuader Rule Permanently Blocked

by CUPA-HR

On November 16, the U.S. District Court for the Northern District of Texas granted a nationwide, permanent injunction in National Federation of Independent Business et al. v. Perez. The decision made permanent a June 27 preliminary injunction and prevents the U.S. Department of Labor from implementing and enforcing its recent changes to the persuader rule, which was scheduled to go into effect July 1.

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CUPA-HR Submits Comments on Proposed Regulation on Unfair Immigration-Related Employment Practices

by CUPA-HR

The comments express our concerns that the proposed rule grants the Department of Justice investigative powers that go “far beyond the boundaries of [the Immigration and Nationality Act] in a way that ignores the statutory context, runs contrary to Congress’s intent, and is not necessary to the effective administration of the immigration-related unfair employment practices provisions of the INA.”

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Blacklisting Regulation Enjoined

by CUPA-HR

On October 24, hours before the Fair Pay and Safe Workplaces rule (the blacklisting rule) was set to take effect, a federal judge in the Eastern District of Texas granted a preliminary injunction to halt most of the provisions of the rule from going into effect. The one provision that the court left in place was the pay transparency requirement, which will go into effect January 1, 2017.

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Administration Issues Antitrust Guidance for HR Professionals

by CUPA-HR

The guidance is based on previous enforcement actions the Department of Justice and the Federal Trade Commission have taken against employers who have “agreed not to compete for employees” and sets forth basic principles that HR professionals can follow in order to avoid running afoul of antitrust laws.

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The Countdown Is On – New Overtime Rule Goes Into Effect December 1

by Missy Kline

december_1Update: On November 22, a U.S. District Court judge from Texas issued a preliminary injunction postponing the effective date of the overtime rule, meaning the rule will not go into effect on December 1.

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