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.
Posts from the ‘Compliance/Legal Issues’ Category
Jun. 28, 2017
Jun. 27, 2017
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.
Jun. 12, 2017
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.”
May. 3, 2017
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.
Apr. 27, 2017
Now that Acosta has been confirmed, it is likely that we will begin to see clarity as to the future policy of DOL and more immediately whether DOL will continue to defend the overtime rule in court. We expect Acosta will make decisions on how to proceed with the overtime rule rather quickly.
Apr. 19, 2017
On April 18, President Trump signed an Executive Order (EO) entitled Buy American and Hire American which instructs federal agencies through the use of federal financial assistance awards and federal procurements to “maximize” the use of American goods and products and to “rigorously enforce and administer the laws governing entry into the U.S.” Additionally, the EO focuses specifically on reforming the H-1B program so that H-1B visas are awarded to the most skilled or highest-paid petition beneficiaries.
Apr. 6, 2017
On April 3, the U.S. Citizenship and Immigration Service (USCIS) suspended premium processing for all H-1B petitions for a period of up to six months. This temporary suspension was announced in early March. The agency claims the change will help reduce overall processing times, as USCIS will be able to “process long-pending petitions … and prioritize adjudication of H-1B extension of status cases that are nearing the 240-day mark.”
Mar. 29, 2017
On March 27, President Trump signed into law a Congressional Review Act (CRA) resolution disapproving of the “Fair Pay and Safe Workplaces” rule (the blacklisting rules) which permanently blocks implementation of the rule and any similar regulations in the future.
Mar. 6, 2017
Feb. 20, 2017
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.