Category: General

  • Workforce Innovation and Opportunity Act Reauthorization Prospects for the 118th Congress – CUPA-HR

    Workforce Innovation and Opportunity Act Reauthorization Prospects for the 118th Congress – CUPA-HR

    by CUPA-HR | February 15, 2023

    In the 118th Congress, bills will likely be introduced to reauthorize the Workforce Innovation and Opportunity Act (WIOA), which includes programs used by community colleges and other higher education institutions pursuing their own workforce development agendas. Passed in July 2014, the WIOA is the primary federal law to increase access to and coordination between workforce development and other related programs. This blog post provides context on what the WIOA accomplishes and highlights recent attempts to reauthorize the law.

    Background

    There are four major components to the WIOA:

    • Title I includes programs related to workforce development activities and authorizes three formula grants through federally-funded, state- and locally-administered delivery systems that are administered by the Department of Labor.
    • Title II enacts the Adult Education and Family Literacy Act (AEFLA), which authorizes programs for adult education up to the secondary level, as well as English training, and is administered by the Department of Education.
    • Title III amends the Wagner-Peyser Act, which authorizes the Employment Service formula grant program that is essential to the WIOA for planning and accountability purposes.
    • Title IV amends the Rehabilitation Act of 1973 and provides funding to state agencies to support employment-related services to individuals with disabilities, among other smaller programs.

    The WIOA originally funded its programs from fiscal year 2015 to fiscal year 2020 after most WIOA programs went into effect July 2015. Appropriations authorization for the WIOA was set to expire after fiscal year 2020, but Congress has extended authorization through the annual appropriations process since fiscal year 2021. Despite the extended authorization, Congress has tasked itself with producing a reauthorization of the WIOA that will extend appropriations for another five or more years and help modernize its workforce development programs. We will likely see reauthorization legislation in the House and/or Senate before the current term ends in 2025.

    WIOA Reauthorization Attempt in the 117th Congress

    In the 117th Congress, House Education and Labor Committee Chair Bobby Scott (D-VA) and 17 committee Democrats introduced the Workforce Innovation and Opportunity Act of 2022 (H.R. 7309, “WIOA reauthorization bill”) and sent it to the House floor for a vote. According to a Congressional Research Service (CRS) report on H.R. 7309, the bill “would retain the general structure and systems established by the WIOA” and would “authorize appropriations for fiscal years 2023 through 2028, increasing funding for existing systems and establishing several new programs.” The CRS report specifies that the WIOA reauthorization bill focused mostly on amending Title I of the law.

    On May 17, 2022, the House passed the WIOA reauthorization bill and sent it to the Senate where the bill stalled in the Senate Help, Education, Labor and Pensions (HELP) Committee until the 117th Congress adjourned. The WIOA reauthorization bill passed the House among mostly partisan lines with 216 Democrats and four Republicans voting in favor of the bill and 196 Republicans voting against it.

    House Republicans criticized Scott and other Democrats on the Education and Labor Committee for failing to collaborate with Republicans to create a bipartisan bill prior to its introduction and during the committee markup. Prior to its final House vote, Education and Labor Committee Ranking Member Virginia Foxx (R-NC) spoke out against the bill on the House floor stating that the Democrats’ bill did not create a workforce development system that prepares workers for in-demand skills.

    Potential for WIOA Reauthorization Attempts in the 118th Congress

    Given a divided House and Senate, both chambers will have to work together to pass any meaningful legislation for a WIOA reauthorization. Democrats and Republicans may be incentivized to produce a consensus WIOA reauthorization bill to address the record labor shortages and resulting open positions that employers are struggling to fill across the country. With Foxx now serving as the chair of the House Education and the Workforce Committee and her interest in WIOA reauthorization during the last Congress, we believe she and other House Republicans will introduce a new bill, though it’s unknown whether they’ll be able to come to an agreement with Democrats in both the House and Senate to finalize and pass a new reauthorization bill.

    Without knowing how or when Congress will consider WIOA reauthorization, we are more certain of members who may be House champions of such a bill. In addition to Full Committee Chair Foxx and Ranking Member Scott, House Higher Education and Workforce Development Subcommittee leaders Burgess Owens (R-UT) and Frederica Wilson (D-FL) will be involved in WIOA reauthorization bills that are introduced in this Congress. Less certain is where new Senate HELP leaders Bernie Sanders (I-VT) and Bill Cassidy (R-LA) will stand on this particular issue given the Senate’s lack of action in the last Congress and each senator’s new ascension to top leadership positions of the HELP Committee.

    CUPA-HR will monitor WIOA reauthorization bills this Congress and keep members apprised of any new developments.



    Source link

  • House Education and Workforce Committee and Senate HELP Committee Set for 118th Congress – CUPA-HR

    House Education and Workforce Committee and Senate HELP Committee Set for 118th Congress – CUPA-HR

    by CUPA-HR | February 7, 2023

    After a month in session, the U.S. House of Representatives and Senate are finalizing their committee and subcommittee membership rosters. Of particular significance are the House Education and the Workforce Committee and Senate Health, Education, Labor and Pensions (HELP) Committee, which have jurisdiction over higher education and many labor and employment issues, including overtime, paid leave, occupational safety and health and employment-based discrimination.

    House Education and the Workforce Committee and Subcommittees

    The House Education and the Workforce Committee will be comprised of 25 Republicans and 20 Democrats with Rep. Virginia Foxx (R-NC) serving as chairwoman and Rep. Bobby Scott (D-VA) serving as ranking member of the full committee. Both Foxx and Scott served as their party’s committee leader in the previous Congress when Democrats held the majority, but Foxx was notably able to secure a waiver granting her exemption from House Republican-imposed committee leadership term limits that would have prohibited her from serving a fourth consecutive term as Republican leader on the committee.

    Foxx has publicly stated her priorities for the committee, citing oversight of the Biden administration, Department of Labor and Department of Education as a top concern for the committee. Having previously taught at two institutions of higher education and served as president at Mayland Community College, Foxx also has a particular interest in higher education. With divided control of Congress and Democrat control of the Senate, however, it is unlikely that Foxx will be able to pass any meaningful legislation that would garner support from the Senate and the president.

    In addition to the full committee roster, the Education and the Workforce Committee has also finalized their subcommittee rosters.

    Subcommittee on Workforce Protections

    The Subcommittee on Workforce Protections has jurisdiction over issues relating to wages, hours of workers and overtime, including the Fair Labor Standards Act (FLSA); workers’ compensation, including the Family and Medical Leave Act (FMLA); issues relating to immigration and employment; and occupational safety and health, including the Occupational Safety and Health Administration (OSHA).

    Freshman Rep. Kevin Kiley (R-CA) will serve as chairman of the subcommittee and Rep. Alma Adams (D-NC) will serve as ranking member after serving as chair of the subcommittee last Congress. The subcommittee will made be up of six Republicans, including Glenn Grothman (R-WI), James Comer (R-KY), Mary Miller (R-IL) and Eric Burlison (R-MO), all who did not serve on the subcommittee in the previous Congress; and four Democrats, all who served on the subcommittee in the last Congress.

    Subcommittee on Higher Education and Workforce Development

    The Subcommittee on Higher Education and Workforce Development has jurisdiction over the following areas: postsecondary student assistance and employment services, and the Higher Education Act; postsecondary career and technical education, apprenticeship programs, and workforce development; and science and technology programs.

    Rep. Owen Burgess (R-UT) will serve as chairman of the Subcommittee on Higher Education and Workforce Development, while Rep. Frederica S. Wilson (D-FL) will serve as ranking member of the subcommittee after serving as chair of the subcommittee in the 117th Congress. The makeup of the subcommittee will include 13 Republicans, including Reps. Glenn Thompson (R-PA), Lloyd Smucker (R-PA), Nathaniel Moran (R-TX), John James (R-MI), Lori Chavez-DeRemer (R-OR), Erin Houchin (R-IN) and Brandon Williams (R-NY) as new members; and 11 Democrats, including Reps. Lucy McBath (D-GA), Gregorio Kilili Camacho Sablan (D-Northern Marina Islands) and Alma Adams (D-NC) as new members.

    Subcommittee on Health, Employment, Labor and Pensions

    The Subcommittee on Health, Employment, Labor and Pensions’ jurisdiction involves “matters dealing with relations between employers and employees,” including to the National Labor Relations Act (NLRA) and employment-related health and retirement security, such as pension, health and other employee benefits and the Employee Retirement Income Security Act (ERISA).

    The subcommittee will see Rep. Bob Good (R-VA) serve as chairman and Rep. Mark DeSaulnier (D-CA) serve as ranking member after previously serving as chair in the 117th Congress. The subcommittee will be composed of 12 Republicans, including Reps. James Comer (R-KY), Lloyd Smucker (R-PA), Michelle Steele (R-C), Aaron Bean (R-FL), Eric Burlison (R-MO), Lori Chavez-DeRemer (R-OR) and Erin Houchin (R-IN) serving as new members; and 10 Democrats, including Reps. Pramila Jayapal (D-WA), Jahana Hayes (D-CT), Ilhan Omar (D-MN) and Kathy Manning (D-NC) serving as new members.

    Senate Health, Education, Labor and Pensions Committee

    The Senate HELP Committee is the Senate counterpart to the House Education and the Workforce Committee. Chair Bernie Sanders (I-VT) will be replacing former Chair Patty Murray (D-WA), who is now the chair of the Senate Appropriations Committee, and Ranking Member Bill Cassidy (R-LA) will be replacing former Ranking Member Richard Burr (R-NC), who retired at the end of the 117th Congress. Democrats will have 11 members and Republicans will have 10 members on the committee. Subcommittees have not yet been finalized, though we expect to see membership lists soon.

    Sanders staffers have stated that, as chair, he will “focus on universal healthcare, lowering the cost of prescription drugs, increasing access to higher education and protecting workers’ rights on the job.” As previously mentioned, however, the divided Congress and Republican control of the House will likely prevent meaningful legislation from moving to President Biden’s desk for his signature.

    CUPA-HR will be monitoring committee activity and will keep members apprised of any major hearings or updates that come out of the committees.



    Source link

  • USCIS Proposes Fee Rule With Significant Increases for Employers – CUPA-HR

    USCIS Proposes Fee Rule With Significant Increases for Employers – CUPA-HR

    by CUPA-HR | January 19, 2023

    On January 4, 2023, U.S. Citizenship and Immigration Services (USCIS) issued a proposed rule to adjust certain immigration and naturalization benefit request fees, which would result in significantly higher fees for employment-based petitioners. USCIS last adjusted fees in 2016, but the most recent fee review conducted by the agency determined that the 2016 fees are insufficient to cover the agency’s operating costs. Unlike other government agencies that receive the majority of their funding through congressional appropriations, USCIS receives approximately 96 percent of its funding from filing fees. USCIS claims that the increased fees will “allow USCIS to more fully recover its operating costs, reestablish and maintain timely case processing, and prevent the accumulation of future case backlogs.”

    While the proposal is nearly 500 pages long and has significant implications for both employment-based and family-based filings, this blog post focuses on the most significant implications for higher ed employers. Of significance for higher ed employers is a new proposal to fund the Asylum Program with employer petitions fees. Specifically, USCIS “proposes a new Asylum Program Fee of $600 be paid by any employers who file either a Form I-129, Petition for a Non-immigrant Worker, or Form I-140, Immigrant Petition for Alien Worker.”

    In addition to the new Asylum Program Fee, USCIS is proposing to increase almost all employment-based and employment-based “adjacent” filing fees. A full fee schedule can be found in Table 1 of the preamble to the proposal and includes the following highlights:

    • Fees for I-129 Petitions for H-1B workers rose 70 percent, from $460 to $780;
    • Fees for I-129 Petitions for L-1 workers rose 201 percent, from $460 to $1,385;
    • Fees for I-129 Petitions for O-1 workers rose 129 percent, from $460 to $1,055;
    • I-765 Employment Authorization (EAD) application fees were structured in a way to encourage online applications by providing a discount for online filings. Online applications will be priced at $555, regardless of whether the individual needs their biometrics, whereas paper-based filings will be $650.
    • Changes made to the I-539 fees for applications to extend/change non-immigrant status were similarly structured to the I-765 changes. Online applications will be priced at $525, whereas paper-based applications are rising to $620.
    • I-485 Adjustment of Status applications uniformly rose to $1,540. For those interested in applying for adjustment of status and a travel document (I-131), those fees will be $2,170 for electronic applications and $2,190 for paper-based applications. Lastly, for those looking to concurrently file for a status adjustment, a travel document and an EAD (I-765), that will cost $2,820.

    In addition to the aforementioned changes, USCIS is also proposing to revise the premium processing timeframe interpretation from calendar days to business days. Currently, premium processing allows petitioners to receive an adjudicative action on their case within 15 calendar days. Changing the interpretation to business days would add nearly a week to the existing adjudication time.

    As mentioned earlier, the fee proposal is nearly 500 pages long and as such includes numerous changes not covered in this blog post. CUPA-HR will continue to evaluate the proposal, which is open for public feedback through March 6, 2023, and plans to join with other higher education associations to submit comments identifying the proposals impact to the higher education community.



    Source link

  • New Research Finds Higher Ed Institutions Are at Risk of Losing Supervisors to Other Employers – CUPA-HR

    New Research Finds Higher Ed Institutions Are at Risk of Losing Supervisors to Other Employers – CUPA-HR

    by CUPA-HR | January 11, 2023

    As previous research from CUPA-HR has shown, America’s colleges and universities are in the midst of a talent crisis, as many employees are considering other employment opportunities due to a number of factors. As a follow-up to the initial findings of CUPA-HR’s 2022 Higher Education Employee Retention Survey, CUPA-HR has released new findings focused specifically on those in supervisory roles, and the data show that many supervisors are overwhelmed, under-resourced, and struggling to fill positions and maintain morale.

    The newly published report, The CUPA-HR 2022 Higher Education Employee Retention Survey: Focus on Supervisors, explores supervisors’ likelihood of looking for new employment, their current challenges and working environments, and which job aspects specific to supervisors are associated with their retention. The report analyzes data from the 3,815 higher ed administrators, professionals and non-exempt staff, most (57 percent) of whom were supervisors, who responded to CUPA-HR’s 2022 Higher Education Employee Retention Survey.

    Findings

    Higher ed supervisors are looking for other employment opportunities, and less than half would seek new opportunities at their current institution. Nearly two in five (36 percent) supervisors indicate they are likely to look for other employment in the next 12 months, and only 40 percent say they would seek job opportunities at their current institution. The most common cited reason for seeking other employment is pay.

    Most higher ed supervisors work long hours and have absorbed more duties since the onset of the COVID-19 pandemic. Data show that supervisors are more likely than non-supervisors to work additional hours. Fewer than half (47 percent) of non-supervisors work more hours than what is considered full-time. However, 89 percent of area supervisors and 76 percent of other supervisors work more hours per week than what is considered full-time at their institution. Additionally, supervisors are more likely than non-supervisors to agree that they have absorbed additional responsibilities of other staff who have left the institution since the onset of COVID-19. Supervisors are also more likely than non-supervisors to report that they experienced an increase in job expectations since the start of the pandemic.

    Filling positions and maintaining morale are supervisors’ top challenges. As shown in the figure below, almost two-thirds (63 percent) of supervisors indicated they find filling positions very challenging and over half (54 percent) found maintaining staff morale very challenging.

    Higher ed supervisors report a lack of adequate training and support. Only three in five supervisors agree that they have resources and support in their supervisory role. Less than half (46 percent) agree that they have been provided with adequate management training for their supervisory role. However, when supervisors have more resources and support in their supervisory roles, more power to advocate for their staff, more power to allow flexible schedules, and more power to allow their staff to work remotely, they are less likely to seek other employment.

    Implications of Supervisor Turnover and How to Combat It

    Turnover in any role can impact an institution due to loss of talent, institutional knowledge and team or interdepartmental rapport. However, turnover in a supervisor role has more far-reaching implications. Supervisor turnover also impacts direct reports, who must adjust to a new supervisor and may need to adapt to new team priorities and vision. Loss of supervisors also equates to a loss of leaders who are key to succession plans.

    In light of what the data show, there are several actions higher ed institutions can take to keep their supervisors:

    • Provide supervisors with resources and support in their capacity as supervisors, particularly around filling empty positions and managing staff morale.
    • Ensure supervisors have the ability, knowledge and resources to advocate for their staff.
    • Give supervisors more autonomy to determine their staff’s working arrangements, as the data show that supervisors who have more power to allow their staff to work remotely and have flexible schedules are less likely to seek other employment.
    • Commit to reducing supervisor workload.
    • If possible, raise salaries for supervisors (but not at the expense of non-supervisors).

    For a deeper look into the data, read the full report.

    Note: In the findings, “area supervisors” refer to those supervisors who are the top-most leaders in their department, units or areas (self-identified in the survey; 26 percent of respondents). “Other supervisors” are those who self-identified as having at least one direct report but were not the top-most leader in their department (31 percent of respondents). “Non-supervisors” are those employees who have no direct reports (43 percent of respondents).

    CUPA-HR Research

    CUPA-HR is the recognized authority on compensation surveys for higher education, with its workforce surveys designed by higher ed HR professionals for higher ed HR professionals and other campus leaders. CUPA-HR has been collecting data on the higher ed workforce for more than 50 years, and we maintain one of the largest workforce databases in existence. CUPA-HR also publishes numerous research publications and interactive graphics highlighting trends and issues around higher ed workforce planning, pay equity, representation of women and racial/ethnic minorities and more. Learn more about CUPA-HR research.



    Source link

  • Retirement Plan Changes and Workplace Protections for Pregnant Workers Included in Fiscal Year 2023 Omnibus Bill – CUPA-HR

    Retirement Plan Changes and Workplace Protections for Pregnant Workers Included in Fiscal Year 2023 Omnibus Bill – CUPA-HR

    by CUPA-HR | January 10, 2023

    On December 29, 2022, President Biden signed the $1.7 trillion Consolidated Appropriations Act of 2023 (omnibus bill) to fund the federal government through fiscal year 2023 (FY 2023). Given the “must-pass” nature of the bill, the omnibus bill also served as a vehicle for policy unrelated to government funding that was unlikely to pass as a standalone bill in Congress. Below outlines some of the highlights that will impact higher education generally and human resources specifically.

    SECURE 2.0

    Notably, the new law includes changes to the access and use of individual retirement funds. Provisions from a package of retirement-related bills, referred to as SECURE 2.0, were ultimately included in the final omnibus package. Specifically, the new law included the following provisions, in addition to others not listed here:

    • Automatic 401(k) and 403(b) plan enrollment: The new law requires employers to automatically enroll employees into newly created 401(k) and 403(b) retirement plans at a rate between 3 to 10 percent of eligible wages. Employees will then have the option to opt out of the enrollment. Employers with 10 or fewer employees and companies in business for less than three years are excluded from this requirement.
    • Expanded eligibility for part-time employees: The law requires employers to provide the option to participate in employer retirement plans for part-time employees who work between 500 and 999 hours for at least two consecutive years (lowered from three consecutive years previously required).
    • Emergency expenses and savings accounts: Employees would be allowed to withdraw up to $1,000 from retirement accounts for qualified emergency expenses without facing early withdrawal penalties if the worker is under 59.5 years old. Additionally, the law allows employers to offer employees an emergency savings account through payroll deductions for amounts up to $2,500.
    • Matching employer contributions for student loan payments: Employers will be allowed to make contributions to their company retirement plan on behalf of employees who are paying student loans and are not contributing to a retirement account as a result.
    • Roth treatment of employer contributions: The new law grants employers the option to amend their retirement plans and allow employees to choose their employer’s matching and non-elective contributions to be made as Roth contributions.
    • Multiple Employer and Pooled Employer Plans for 403(b) plans: The new law allows employers to participate in Multiple Employer Plans (MEPs) and Pooled Employer Plans (PEPs) for 403(b) plans.

    The final law also included several changes to individual activity with respect to their retirement plans, including an increase to the “catch-up” contribution limits of up to $10,000 for older retirement savers and an increase to the age an individual is required to begin taking minimum distributions from their retirement accounts, which is now effective at age 73 and effective at age 75 effective in 2033.

    Workplace Protections for Pregnant Workers

    Additionally, Congress was able to agree on the inclusion of the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers in the omnibus bill.

    Pregnant Workers Fairness Act

    Passed by the House in May 2021, the PWFA specifically declares that it is an unlawful employment practice for employers with 15 or more employees to do any of the following:

    • fail to make reasonable accommodations to known limitations of such employees unless the accommodation would impose an undue hardship on an entity’s business operation;
    • require a qualified employee affected by such condition to accept an accommodation other than any reasonable accommodation arrived at through an interactive process;
    • deny employment opportunities based on the need of the entity to make such reasonable accommodations to a qualified employee;
    • require such employees to take paid or unpaid leave if another reasonable accommodation can be provided; or
    • take adverse action in terms, conditions or privileges of employment against a qualified employee requesting or using such reasonable accommodations.

    Though the bill enjoyed bipartisan support in both the House and Senate, Republicans opposed bringing the bill to a Senate vote without the inclusion of a religious exemption for employers. Such exemptions were provided in the omnibus bill’s version of the PWFA, ultimately helping lead to its passage.

    PUMP for Nursing Mothers Act

    The PUMP for Nursing Mothers Act passed the House of Representatives in October 2021 with bipartisan support. The bill aims to amend the Fair Labor Standards Act (FLSA) to expand access to breastfeeding accommodations in the workplace for lactating employees and builds upon existing protections in the 2010 Breaktime for Nursing Mothers Act by broadening breastfeeding accommodations and workplace protections. In the new law, the PUMP for Nursing Mothers Act is expanded to include salaried employees exempt from overtime pay requirements under the FLSA as well as other categories of employees currently exempt from such protections, such as teachers, nurses and farmworkers. It also clarifies that break time provided under this bill is considered compensable hours worked so long as the worker is not completely relieved of duty during such breaks, and it ensures remedies for nursing mothers for employer violations of the bill.

    Similar to the PWFA, the PUMP for Nursing Mothers Act did not reach a Senate floor vote, leaving the omnibus bills as one of the last options for passage before the 117th Congress’s term expired.

    Immigration Provisions

    Due to the situation at the southern border, the new law excluded any major immigration overhauls, such as the Equal Access to Green cards for Legal Employment (EAGLE) Act, which would have addressed the immigration visa backlog and made changes to the H-1B visa program. Additionally, protections for the Deferred Action for Childhood Arrivals (DACA) program and Dreamers that have been threatened by recent court decisions were not included in the final bill enacted into law.

    Despite the exclusion of important reforms, the new law reauthorized several expiring immigration programs that are already utilized by institutions of higher education, including additional funds for the E-Verify program.

    Higher Education Funding

    Several provisions were included in the omnibus package that will increase funding for a variety of higher education programs. Notably, the bill includes a $500 increase to the maximum Pell Grant a recipient can receive, raising the total to $7,395 for the 2023-24 award year. Additionally, the bill included funding increases for Federal Work-Study grants, Title III and V programs, Postsecondary Student Success Grants, and the TRIO and GEAR UP programs.

    CUPA-HR will continue to analyze the provisions included in the FY 2023 funding bill and will keep members apprised of any additional noteworthy provisions included in the law.



    Source link

  • Fall 2022 Regulatory Agenda Targets Release Dates for DOL’s Overtime Proposal and Final Title IX Rule – CUPA-HR

    Fall 2022 Regulatory Agenda Targets Release Dates for DOL’s Overtime Proposal and Final Title IX Rule – CUPA-HR

    by CUPA-HR | January 10, 2023

    On January 4, 2023, the Biden administration released the anticipated Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions (Regulatory Agenda), providing the public with a detailed glimpse into the regulatory and deregulatory activities under development across approximately 67 federal departments, agencies and commissions. Agendas are generally released in the fall and spring and set target dates for each agency and sub-agency’s regulatory actions for the coming year.

    After completing a thorough review of the items included in the Regulatory Agenda, CUPA-HR put together the following list of significant proposed actions for members.

    Department of Labor

    Wage and Hour Division — Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees

    According to the Regulatory Agenda, the Department of Labor (DOL)’s Wage and Hour Division (WHD) is now planning to release a Notice of Proposed Rulemaking (NPRM) to address changes to the Fair Labor Standards Act (FLSA)’s overtime pay requirements in May 2023. The WHD first announced their intention to move forward with the NPRM in the Fall 2021 Regulatory Agenda, stating its goal “to update the salary level requirement of the section 13(a)(1) exemption [under the FLSA].”

    As a refresher, changes to overtime pay requirements have been implemented through regulations under both the Obama and Trump administrations. In May 2016, the Obama administration’s DOL issued a final rule increasing the salary threshold from $23,660 to $47,476 per year and imposed automatic updates to the threshold every three years. However, court challenges prevented the rule from taking effect and it was permanently enjoined in September 2017. After the Trump administration started the rulemaking process anew, the DOL issued a new final rule in September 2019 raising the minimum salary level required for exemption from $23,660 annually to $35,568 annually. This final rule went into effect January 1, 2020 and remains in effect today.

    Since the regulation’s reintroduction in the Fall 2021 Regulatory Agenda, CUPA-HR has participated in several DOL listening sessions and has sent letters to the DOL expressing concerns with the timing of the rulemaking. Specifically, our concerns highlight the ongoing challenges of the COVID-19 pandemic and the continued reliance on hybrid and remote work, a historically tight labor market in the U.S. and the effects of inflation on the workforce.

    Wage and Hour Division — Employee or Independent Contractor Classification Under the Fair Labor Standards Act

    In May 2023, the WHD anticipates issuing a final rule to amend the current method for determining independent contractor status for workers.

    On October 13, 2022, the DOL published an NPRM to rescind the current method for determining independent contractor status under the FLSA. The current test finalized by the Trump administration in 2021 has two core factors of control and investment with three additional factors (integration, skill and permanency) that are relevant only if those core factors are in disagreement. The Biden rule proposes a return to a “totality-of-the-circumstances analysis” of multiple factors in an economic reality test, including the following six factors, which are equally weighted with no core provisions:

    • the extent to which the work is integral to the employer’s business;
    • the worker’s opportunity for profit or loss depending on managerial skill;
    • the investments made by the worker and the employer;
    • the worker’s use of skill and initiative;
    • the permanency of the work relationship; and
    • the degree of control exercised or retained by the employer control.

    Employment and Training Administration — Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States 

    In September 2023, the DOL’s Employment and Training Administration (ETA) plans to issue an NPRM to establish “a new wage methodology for setting prevailing wage levels for H-1B/H-1B1/E-3 and PERM programs consistent with the requirements of the Immigration and Nationality Act.” The proposal will likely amend the Trump administration’s final rule that was scheduled to take effect on November 14, 2022, but was subsequently vacated by a federal court in June 2021. The new proposal will take into consideration the feedback it received in response to a Request for Information (RFI) on data and methods for determining prevailing wage levels “to ensure fair wages and strengthen protections for foreign and U.S. workers.”

    CUPA-HR filed comments in opposition to the Trump administration’s regulations on the issue and in response to the Biden administration’s RFI.

    National Labor Relations Board

    Joint Employer

    In August 2023, the National Labor Relations Board (NLRB) plans to release its anticipated final rule to amend “the standard for determining whether two employers, as defined under the National Labor Relations Act (NLRA), are a joint employer under the NLRA.”

    On September 7, 2022, the NLRB issued an NPRM on the joint employer standard. The NPRM establishes joint employer status of two or more employers if they “share or co-determine those matters governing employees’ essential terms and conditions of employment,” such as wages, benefits and other compensation, work and scheduling, hiring and discharge, discipline, workplace health and safety, supervision and assignment and work rules. According to the NLRB’s press release, the Board “proposes to consider both direct evidence of control and evidence of reserved and/or indirect control over these essential terms and conditions of employment when analyzing joint-employer status.”

    Department of Education

    Office for Civil Rights — Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance 

    In May 2023, the Department of Education’s Office for Civil Rights (OCR) plans to release its highly anticipated Title IX final rule. The rulemaking would finalize the June 2022 NPRM to rollback and replace the Trump administration’s 2020 regulations, specifically with respect to its grievance procedures, while simultaneously expanding protections against sex-based discrimination to cover sexual orientation, gender identity and pregnancy or related conditions.

    CUPA-HR filed comments in September 2022 in response to the NPRM. In our comments, we tried to bring attention to the possible impact the proposed regulations could have on how higher education institutions address employment discrimination. The Department of Education received over 200,000 comments in response to the NPRM, which they must review prior to issuing a final rule to implement their changes.

    In addition to the Title IX rulemaking, the OCR also announced its intention to issue an NPRM to address Title IX protections as it relates to athletics programs at educational institutions. The Department of Education announced its intention to pursue a separate rulemaking to address transgender students participation in athletic programs at institutions of higher education and such protections afforded to them under Title IX after the topic was frequently discussed in the media and in Congress in 2022. According to the Regulatory Agenda, the NPRM was set to be released in December 2022, but it has not yet been released.

    Department of Homeland Security

    U.S. Immigration and Customs Enforcement — Optional Alternative to the Physical Examination Associated With Employment Eligibility Verification (Form I-9) 

    According to the Regulatory Agenda, the Department of Homeland Security (DHS) plans to issue a final rule in May 2023 that would finalize the agency’s proposed rule aiming to “revise employment eligibility verification regulations to allow the Secretary to authorize alternative document examination procedures in certain circumstances or with respect to certain employers.”

    On August 18, 2022, the DHS published its NPRM on optional alternative examination practices for employers when reviewing an individual’s identity and employment authorization documents required by the Form I-9, Employment Eligibility Verification. If finalized, the proposed rulemaking would create a framework under which the Secretary of Homeland Security could allow alternative options for verifying those documents, such as reviewing the documents via video, fax, or email rather than directly allowing employers and agents to use such alternative examination options. According to the NPRM, the Secretary would be authorized to implement the alternative examination options in a pilot program if they determine such procedures would offer an equivalent level of security, as a temporary measure to address a public health emergency declared by the Secretary of Health and Human Services, or a national emergency declared by the President.

    CUPA-HR filed comments in response to the DHS NPRM in October 2022. The comments were supportive of the Department moving forward with the NPRM, but cautioned against requiring secondary, in-person review of I-9 documents after virtual inspection and once an employee is in-person on a regular and consistent basis; issuing training for document detection and/or anti-discrimination training that may be offered at a high cost without proper vetting, and requiring institutions to be enrolled in E-Verify to participate in the alternative options.

    U.S. Citizenship and Immigration Services — Modernizing H-1B Requirements and Oversight and Providing Flexibility in the F-1 Program

    In October 2023, the DHS’s United States Citizenship and Immigration Services (USCIS) plans to release an NPRM to “amend its regulations governing H-1B specialty occupation workers and F-1 students who are the beneficiaries of timely filed H-1B cap-subject petitions.” The NPRM will specifically propose to “revise the regulations relating to ‘employer-employee relationship’ and provide flexibility for start-up entrepreneurs; implement new requirements and guidelines for site visits including in connection with petitions filed by H-1B dependent employers whose basic business information cannot be validated through commercially available data; provide flexibility on the employment start date listed on the petition (in limited circumstances); address ‘cap-gap’ issues; bolster the H-1B registration process to reduce the possibility of misuse and fraud in the H-1B registration system, and clarify the requirement that an amended or new petition be filed where there are material changes, including by streamlining notification requirements relating to certain worksite changes, among other provisions.”

    Department of Agriculture

    Agriculture Acquisition Regulation: Internal Policy and Procedural Updates and Technical Changes

    In May 2023, the Department of Agriculture (USDA) plans to re-propose an NPRM that was previously issued in February 2022 and included controversial provisions that would require federal contractors on projects procured by the agency to certify their compliance with dozens of federal and state labor laws and executive orders.

    In the February NPRM, the USDA provided only 32 days for stakeholder comment submissions on the proposal. CUPA-HR filed an extension request with the department asking for an additional 90 days to “evaluate the NPRM’s impact on [members’] research missions and collect the information needed in order to provide thoughtful and accurate input to the USDA,” as well as official comments that were pulled from 2012 comments CUPA-HR submitted with the Society for Human Resource Management (SHRM).

    While it is unclear whether the May NPRM will include the blacklisting language again, the abstract of the re-proposal states that “the new proposed rule would be responsive to the comments received on our February 2022 proposal.”



    Source link

  • In Case You Missed Them – Inspiring Reads of 2022 and Can’t-Miss CUPA-HR Resources – CUPA-HR

    In Case You Missed Them – Inspiring Reads of 2022 and Can’t-Miss CUPA-HR Resources – CUPA-HR

    by CUPA-HR | January 4, 2023

    Throughout the year, the Higher Ed Workplace Blog and Higher Ed HR Magazine feature HR innovations and success stories from the CUPA-HR community. In case you missed them, we’ve listed several great blog posts and articles of 2022 that will leave you feeling inspired and ready to take action at your institution.

    The Higher Ed Workplace Blog

    Higher Ed HR Magazine

    • While there’s a time and place to maintain a more serious demeanor, there’s a case to be made for incorporating humor into the workplace — especially for HR professionals who are often viewed as the enforcers of an organization. Read how HR can use the powerful tool of humor to its advantage: Dear HR, It’s OK to Laugh — Incorporating Humor Into the HR Workplace
    • Kansas State University’s Human Capital Services (HCS) knew their remote work policy was in need of a major overhaul. When COVID-19 entered the scene, HCS had to overcome multiple obstacles and a major time crunch to build a comprehensive remote work program and strategy for faculty and staff. Learn how they did it in their article A Consultative Approach: Kansas State University’s Framework for HR Success
    • Did you know that 47 percent of chief academic officers (CAOs) have been in their position three years or less? While there is limited data regarding why CAOs consider staying or leaving their positions, CUPA-HR CEO Andy Brantley conducted interviews with 13 CAOs to gain a deeper understanding of what motivates them to stay or leave. Read the full article Chief Academic Officer Transition: Opportunity, Chaos or Something In Between?
    • Many institutions collect data from their employees on engagement, climate and satisfaction, but don’t always take specific steps to improve those factors. Learn best practices for developing an engagement, satisfaction, or climate survey that will produce actionable results: Employee Engagement/Satisfaction/Climate Assessment: Producing Actionable Results

    Don’t Miss These CUPA-HR Resources!

    Okay, so you’re feeling inspired after reading these HR success stories, but now you’re wondering how you can get to work at your institution. These CUPA-HR resources can help you take that next step!

    • Understanding Higher Education is an e-learning series designed to help all employees be more effective in their roles by developing a deeper understanding of institutional structure and culture. Take Course 1 now.
    • Knowledge Center toolkits are designed with higher ed in mind. Toolkits are added and updated often, so stop by often to see what’s new.
    • From new research publications to annual workforce data, the Research Center is the central hub for all things CUPA-HR research.



    Source link

  • Three Take-Home Messages From the 2022 Annual Conference – CUPA-HR

    Three Take-Home Messages From the 2022 Annual Conference – CUPA-HR

    by CUPA-HR | November 2, 2022

    Thank you to all who attended the CUPA-HR Annual Conference and Expo in person and virtually last week! It was wonderful to welcome new (300+ first-timers!) and familiar faces and to learn about successful projects and initiatives from higher ed peers at institutions across the country. 

    For those who weren’t able to attend, here’s some food for thought from our three outstanding keynote speakers:

    • Stand-Out Leadership — Opening keynote Sara Ross applied her passion for brain science to a key element of stand-out leadership: accountability. Ross explained that employees would rather have leaders who hold themselves accountable for their actions than perfect leaders. One way HR professionals can be stand-out leaders and hold themselves accountable is by using Ross’s SLOW strategy when responding to critical situations on campus. The SLOW strategy helps us respond in a way that is reflective of the positive impact we want to make in our roles as HR leaders.
      • S – Stop. Intercept your emotional reaction. Our brains are designed to process emotions first and logic second. By pausing and checking in with your emotions before responding to a situation, you prevent adding more fuel to the fire.
      •  L – Language. Check your body language. No really, look in the mirror! Pay attention to how you are presenting yourself. People are honed in on your body language, so you must make sure your body language is aligned with your message.
      • O – Oxygenate. Consciously slow your breathing to push back on your fight-or-flight instincts. Research shows that slowing down for as little as two minutes and deepening your breath can decrease the amount of cortisol in your system by up to 20 percent, which is essential when responding to an already stressful situation.
      • W – Wonder. Step outside your perspective and challenge yourself by thinking from someone else’s perspective. This simple practice helps reset our sensitivity and tap into empathy.
    • How to Citizen — Sunday’s keynote speaker, Baratunde Thurston, spoke about how racial injustices during the summer of 2020 motivated him to launch his podcast, “How To Citizen With Baratunde.” He challenged the audience to think about the word “citizen” as a verb rather than a noun. “Citizen” as a noun can carry divisive and exclusive undertones, but as a verb, it gives us something to do to improve our society. According to Thurston, there are four principles that serve as the foundation of how to “citizen.” The four principles are showing up and participating; investing in relationships with yourself and others; understanding power and what we give our power to; and to do all of these things to benefit our collective selves, not just our individual selves. What specific ways can you begin to “citizen” at your institution?
    • Reinvent HR — The take-home message from David Ulrich’s energizing talk about reinventing HR is that HR is not about HR, but about creating value for stakeholders inside and outside the organization (students, family, employers, community, alumni) so that our institutions and communities can succeed. Here are five ways HR can lead in this area: 1) Empower the next generation by making sure people feel better about themselves following their interaction with a leader, 2) Shape the future by establishing a compelling vision/mission, 3) Engage today’s talent by living the Es (empathy, emotion, energy, experience), 4) Make things happen by delivering on promises and creating a positive work environment, and 5) Invest in yourself so you can invest in others.

    Don’t Forget! Conference attendees can watch the sessions they missed or re-watch their favorites on demand. Recordings of our keynotes and livestreamed concurrent sessions are available for viewing in the desktop conference platform and the app.

    Be sure to save the dates for our Spring Conference, April 23-25 in Boston, and our 2023 Annual Conference, taking place October 1-3 in New Orleans! Registration details coming soon.



    Source link

  • Kansas State University’s Braggin’ Wagon Offers a Unique Way to Recognize Campus Employees – CUPA-HR

    Kansas State University’s Braggin’ Wagon Offers a Unique Way to Recognize Campus Employees – CUPA-HR

    by CUPA-HR | October 19, 2022

    Think about a time you were recognized by a colleague for a job well done. Whether it was a grand gesture or a small act of recognition, chances are the personal shoutout put some pep in your step. Positive recognition in any form is a sure mood booster and helps move campus well-being in the right direction.

    In a recent CUPA-HR webinar, Refuel, Invest and Inspire Campus Well-Being, presenters from Kansas State University (K-State) shared a unique way of recognizing teams and departments on campus: the Braggin’ Wagon.

    The Braggin’ Wagon was developed by K-State’s Staley School of Leadership, which has a strong partnership with HR. The decorative travelling wagon is filled with treats, candy, small toys and other fun items for the receiving team to enjoy. Once the wagon is delivered to a department, it is up to that department to restock the wagon and deliver it to another department in order to keep the recognition going.

    This simple yet powerful way of recognizing campus employees serves a double purpose — it adds an element of fun to the work day for the team being recognized (who doesn’t love getting a surprise treat in the middle of a work day?), and it also gives the team passing on the wagon an opportunity to get out of the office for some exercise and take a mental break in the work day.

    “When K-State resumed in-person work, it was important to put the emphasis on our employees and the solid work they were doing to make a difference. The Braggin’ Wagon was a way for departments to recognize other university partners who contributed to their work in a positive way,” says Shanna Legleiter, associate vice president of human capital services at K-State.

    With the Braggin’ Wagon as inspiration, what are some other creative ways HR can shine a spotlight on employees who work hard to keep campus operations running smoothly? Are there campus partnerships that can be formed to bring ideas for recognition to life? Don’t be afraid to think outside of the box when it comes to recognition opportunities!



    Source link

  • Build Psychological Safety and Fun Into the Workplace to Reduce Overwork and Burnout – CUPA-HR

    Build Psychological Safety and Fun Into the Workplace to Reduce Overwork and Burnout – CUPA-HR

    by CUPA-HR | September 28, 2022

    In the wake of the Great Resignation and talent recruitment challenges, heavy workloads have led to stress and burnout for some employees. One way higher ed HR pros can help identify sources of stress and mitigate burnout is by considering employees’ work environments. Are invisible pressures placed on employees, causing team members to downplay or hide their concerns about heavy workloads, or can employees be honest about their concerns and feel comfortable bringing their whole selves to work each day? How would employees describe the atmosphere where they work? Are levity and humor weaved into the workday, or is the lack of levity contributing to feelings of being overwhelmed?

    In the recent CUPA-HR virtual workshop, How to Manage Unmanageable Workloads, presenter Jennifer Moss explained how building psychological safety and bringing the fun back to work can reduce the impact of overwork and burnout. So what is psychological safety, and how can HR integrate it and the elements of fun and play into the workplace?

    Increase Psychological Safety

    “Psychological safety is the ability to reveal one’s true self and opinions without fear that doing so will lead to negative repercussions in terms of reputation, career, status or relationships with others,” explains Why Psychological Safety Matters Now More Than Ever, an article in the Spring 2021 issue of Higher Ed HR Magazine. Teams with high psychological safety see more open conversations between team members and managers about their work. They feel comfortable sharing honestly because they know they won’t be punished simply for doing so.

    Read the article to learn how HR pros can elevate psychological safety in the workplace by attending to systems and structures, supporting employees to forge connections, and fostering a learning orientation.

    Bring Back the Fun

    Although HR has much serious work to do, leaders can look for opportunities to incorporate fun, where appropriate. The application of fun and play has been shown to reduce stress and feelings of burnout while also improving creativity and productivity in working environments. Having fun at work has shown to have a positive impact on employee morale, engagement and camaraderie, all of which collectively have an influence on an organization’s culture. Here are some ideas to bring back the fun and stimulate play in the workplace.

    Encourage Humor

    Similar to incorporating more fun into the workplace, there are also plenty of benefits to weaving humor into the workplace. This element of work is sometimes considered non-essential but has many emotional and physical benefits that make us happier and healthier at work. Humor builds trust in relationships; a culture where it’s okay to admit failure; and happier, healthier employees. Learn how to conduct a humor audit to analyze where your workplace humor went right and ways to use it more effectively.

    Related resources:

    Health and Well-Being Toolkit (CUPA-HR members-only toolkit)

    How to Bring the Fun at Work (Higher Ed Workplace Blog)



    Source link