Tag: bill

  • Senators Introduce Bill to Implement 32-Hour Workweek – CUPA-HR

    Senators Introduce Bill to Implement 32-Hour Workweek – CUPA-HR

    by CUPA-HR | April 3, 2024

    On March 14, Senator Bernie Sanders (I-VT) and Senator Laphonza Butler (D-CA) introduced the Thirty-Two-Hour Workweek Act, which would amend the Fair Labor Standards Act to reduce the standard workweek from 40 hours to 32 hours, while also providing that workers do not lose pay as a result of the reduced hours. A nearly identical bill was introduced in the House earlier this Congress.

    According to the Senate version of the bill, the FLSA would be amended to reduce the standard workweek from 40 hours to 32 hours by requiring overtime payment for any work done in excess of 32 hours in a given week. The bill includes a new requirement to provide overtime pay at the standard rate of one-and-a-half times the regular rate for any workday that is longer than eight hours but shorter than 12 hours, and it requires employers to pay an overtime rate of double the regular rate for any workday longer than 12 hours. The bill also stipulates that employers subject to the shortened workweek requirements may not reduce the total workweek compensation or any other benefit of an employee due to the employee being brought into the purview of the legislation. The 32-hour workweek would be phased in over a four-year period.

    The same day the bill text was introduced, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing on the need for a 32-hour workweek. Senator Sanders serves as the chairperson of the committee and led the Democrats’ arguments for shortening the workweek without reducing pay. He argued that new technology has increased the productivity of American workers, therefore decreasing the need for a 40-hour workweek as was enacted in the FLSA over 80 years ago. Republicans, on the other hand, argued that shortening the workweek without decreasing pay would hurt small businesses and would result in increased prices for goods and services and more automated jobs. They argued against a law mandating the 32-hour workweek and preferred flexibility for employers to choose to make that change if appropriate for their business operations.

    Given the partisan divide shown during the hearing, the bill is unlikely to move in the Senate anytime soon. Even if the bill passed out of the HELP Committee, it appears unlikely that it will garner the 60 votes necessary to bypass the filibuster if brought to the floor for a vote. The House version of the bill faces a similar fate, as the House Republicans currently have the majority. With the upcoming election in November, it will be interesting to see if power shifts in favor of Democrats in either chamber, which will likely be the only way the bill could pass in the House or Senate.

    CUPA-HR will keep members apprised of any updates as it relates to this legislation and future policy related to a shortened workweek.



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  • 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.



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  • House Passes Bipartisan Retirement Savings Bill – CUPA-HR

    House Passes Bipartisan Retirement Savings Bill – CUPA-HR

    by CUPA-HR | April 4, 2022

    On March 29, the U.S. House of Representatives passed H.R. 2954, the Securing a Strong Retirement Act of 2021, by an overwhelmingly bipartisan vote of 414-5. The bill includes many provisions to boost individual retirement savings and expand coverage to better access retirement savings programs.

    The bill includes several provisions that would impact employer-sponsored retirement programs. Notably, the bill would make enrollment in newly created 401(k) and 403(b) plans mandatory for eligible employees beginning in 2024. Employers with 10 or fewer employees or those that have been in business for fewer than three years would be exempt from this requirement, and employees would be able to opt out of the program. Additionally, the bill requires employers to allow part-time employees to participate in 401(k) plans if they work at least 500 hours per year after two years working for the employer — a decrease from the previously required three years.

    The bill will also allow employers to make matching contributions to the 401(k), 403(b) or SIMPLE IRA account of employees who are paying off student loans and do not contribute enough to their accounts to receive a full employer match.

    In addition to the provisions related to employer plans, the bill also has provisions for individual workers. The bill allows older workers to make bigger contributions to their retirement accounts than is currently allowed. Specifically, individuals aged 62-64 would be able to contribute an extra $10,000 for 401(k) plans and other programs and $3,000 for SIMPLE plans per year to such accounts beginning in 2024. These “catch-up” contributions would be required to be made after taxes.

    The bill now heads to the Senate where it will need to pass with 60 votes to overcome the filibuster. Given the bipartisan support in the House, the bill could receive similar support from both parties, but it is unclear when and how the Senate will vote.

    CUPA-HR will keep members apprised as this bill moves through the Senate.



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  • House Passes Bill to Increase Workplace Protections for Nursing Mothers – CUPA-HR

    House Passes Bill to Increase Workplace Protections for Nursing Mothers – CUPA-HR

    by CUPA-HR | October 26, 2021

    On October 22, 2021, the House of Representatives passed H.R.3110, the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act. The bill passed by a bipartisan vote of 276-149 and was supported by business groups such as the U.S. Chamber of Commerce and advocacy organizations, including the American Civil Liberties Union.

    As originally written, the PUMP for Nursing Mothers Act amends the Fair Labor Standards Act (FLSA) to expand access to breastfeeding accommodations in the workplace for lactating employees. The bill builds upon existing protections in the 2010 Breaktime for Nursing Mothers Act by broadening breastfeeding accommodations and workplace protections 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.

    Before the final vote on the bill, the House also adopted two additional amendments to the PUMP for Nursing Mothers Act that would:

    • Direct the Government Accountability Office (GAO) to conduct a study on compliance among covered employers, including employee awareness of their rights and proposals to improve compliance; and
    • Direct the Comptroller General of GAO to conduct a study on what is known about the racial disparities that exist with respect to access to pumping breastmilk in the workplace and submit to Congress a report on the results of such study containing such recommendations as the Comptroller General determines appropriate to address those disparities.

    The House-passed bill now moves to the Senate where it is unknown whether or not the bill will garner enough support from Republicans to bypass the sixty-vote filibuster threshold needed to pass.

    CUPA-HR will keep members apprised of any actions or votes taken by the Senate on this bill.



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  • The Bill Barr School of Law School Deaning

    The Bill Barr School of Law School Deaning

     

    BOOO Bill Barr, you unprincipled Trump sycophant. You rascal. All of us, (well  not all, there are a couple of numbskulls who admire you ) principled law professors and administrators think you are an awful example of the profession.

    But wait Billy Boy! There is a job for you. It’s even better than Trump University. You open a school for wannabe Law school administrations. You know, Bill, the number one goal  of any law school dean on the make is to climb the USnews ranking.

    So that’s what you teach. Some Units of the course would be:

    1. Hire your own graduates to do something, anything, so you can report high post graduate employment rates.

    2, Lower first year admissions but increase the number of transfers because the transfer LSAT and GPAs will not count against you.

    3. Oh, what the hell. Just do what UF Law has perfected, However qualified a student, do not admit him or her unless he or she improves your ranking.

    4, If a student is admitted and it looks like he or she, in hindsight, might lower your scores, pay them not to come.

    5. Make sure all law school employees are called faculty. This will raise your teacher to student ratio.

    6. Throw every cent you can get your grubby hands on to pay high scoring students to come to your school whether they need the money or not. 

    7, And Bill, here is what you can bring to the course your specialty.  Just lie. What the fuck, you are not hurting anyone so it’s not like a real lie.

    But Bill, there is one catch,  All of these things have already been done. Yes by the same people who say that  you are the crook, not them.

    So you will have to be imaginative. Your primary mission is to stay one scam ahead of what USnews is onto and cares about. This should be easy, They don’t really care if they get it right as long as it sells,  

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