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  • Federal Judge Blocks Department of Education’s Title IX Guidance – CUPA-HR

    Federal Judge Blocks Department of Education’s Title IX Guidance – CUPA-HR

    by CUPA-HR | July 27, 2022

    On July 15, a federal judge from the U.S. District Court of the Eastern District of Tennessee issued a preliminary injunction blocking enforcement of the Department of Education’s Title IX guidance that prohibits discrimination on the basis of gender identity and sexual orientation. Specifically, the ruling blocks enforcement of a June 2021 Notice of Interpretation issued by the department’s Office for Civil Rights (OCR) in light of the Supreme Court’s 2020 decision in Bostock v. Clayton County and President Biden’s Executive Order, “Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation and Gender Identity.”

    Twenty Republican-controlled states, led by their attorneys general, were listed as plaintiffs on the case, arguing that the department’s guidance should not be enforced by the agency as it did not go through the notice-and-comment rulemaking process and is not codified law. They claimed that the department’s enforcement of the guidance also puts states at risk of losing significant federal funding if they do not comply with the guidance. The Eastern District of Tennessee judge ruled in favor of the plaintiffs, issuing the preliminary injunction while stating that the guidance interferes with states’ abilities to enforce their own laws that prohibit transgender students from participating on sports teams or using restrooms that align with their gender identity.

    As it currently stands, the injunction applies only to the 20 states listed as plaintiffs in the case, potentially impacting the policies of colleges and universities in those states. Notably, the injunction does not impact the recently issued Title IX proposed regulations that are currently undergoing a 60-day notice-and-comment period. If the Title IX regulations are codified into law, however, they may face similar legal challenges.

    CUPA-HR will continue to monitor this issue and keep members apprised of any developments related to Title IX.



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  • More Than Half of College and University Employees Say They Are Likely to Look for Other Employment in the Near Future – CUPA-HR

    More Than Half of College and University Employees Say They Are Likely to Look for Other Employment in the Near Future – CUPA-HR

    by CUPA-HR | July 21, 2022

    New research from CUPA-HR shows that higher education institutions are in the midst of a talent crisis, as many staff, professionals and administrators are considering other employment opportunities due to dissatisfaction with their pay, their opportunities for advancement, their institutions’ remote and flex work policies, and more.

    The newly published research report, The CUPA-HR 2022 Higher Education Employee Retention Survey: Initial Results, provides an overview of what proportion of the higher ed workforce is at risk for leaving, why they’re considering leaving employment, and with which policies, work arrangements and benefits employees are satisfied or dissatisfied. The report includes several recommendations for addressing these issues.

    Data from 3,815 higher ed employees across 949 institutions and representing 15 departments/functional areas were analyzed for this report.

    Findings

    Higher ed employees are looking for other jobs, mostly because they desire a pay increase. More than half (57%) of the higher ed workforce is at least somewhat likely to look for other employment opportunities in the next 12 months. The most common reason for seeking other employment (provided by three-fourths of those likely to look for another job) is an increase in pay. Other reasons are that they desire more remote work opportunities, a more flexible schedule, and a promotion or more responsibility.

    Higher ed institutions are not providing the remote work opportunities that employees want. Nearly three-fourths (71%) of employees report that most of their duties can be performed remotely, and 69% would prefer to have at least at least a partially remote work arrangement, yet 63% are working mostly or completely on-site.

    Higher ed employees are working longer and harder than ever. Two-thirds (67%) of full-time staff typically work more hours each week than what is considered full-time. Nearly two-thirds (63%) have taken on additional responsibilities of other staff who have recently left, and nearly three-fourths (73%) have taken on additional responsibilities as a direct result of the pandemic.

    Higher ed employees have clear areas of satisfaction and dissatisfaction. Areas of satisfaction include benefits, relationship with supervisor, job duties, and feeling a sense of belonging. Areas of dissatisfaction include investment in career development, opportunities for advancement, fair pay, remote work policies and parental leave.

    Read the full report.



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  • Association Leaders Gathered to Learn, Laugh and Launch a New Year at the 2022 ALP! – CUPA-HR

    Association Leaders Gathered to Learn, Laugh and Launch a New Year at the 2022 ALP! – CUPA-HR

    by CUPA-HR | July 20, 2022

    CUPA-HR’s Association Leadership Program (ALP) has taken place every July for more than two decades, bringing together chapter, region, and national board members; association staff; key corporate partners; and other invited guests. After two years of meeting only virtually, these leaders were finally able to meet again in person last week.

    “We’re Still Standing!”

    The HR challenges of the past two years have included leading emergency COVID-19 response, exploring a new frontier of flexible work, and addressing unprecedented talent recruitment and retention challenges. Through it all, higher ed HR professionals have been on the front lines, adapting and transforming the workplace with resourcefulness, leadership and strategic insights.

    To celebrate that strength and resilience, CUPA-HR president and CEO, Andy Brantley, and national board chair, Jay Stephens, kicked off the two-day meeting with Elton John’s “I’m Still Standing” playing in the background and issued an irresistible photo challenge for attendees. (Be sure to check out the photos posted to Twitter with the hashtag #cupahr22.)

    Building Knowledge and Connection

    The ALP’s highly interactive program included:

    • tips for managing chapters and developing a leadership pipeline
    • updates on CUPA-HR’s work on Title IX and other public policy imperatives
    • a practical overview of CUPA-HR’s DEI Maturity Index and new Research Center
    • a discussion of winning strategies for higher ed’s post-pandemic war for talent
    • a presentation on cultivating trauma-informed practice in higher education leadership

    Beyond the programming, however, what attendees valued most about the event was the opportunity to validate their campus experiences in conversations with peers, rekindle the motivation behind their work, and take away great ideas for transforming their HR teams and their institutions in ways big and small.

    Interested in Taking Your Professional Development Further?

    CUPA-HR’s volunteer leaders have committed to advancing the profession and the mission of CUPA-HR. They understand the complexities of higher ed HR, and they want to enhance the knowledge and skills they need to lead their institutions into the future.

    Are you ready to take that next step in developing your leadership skills, shaping the profession, and gaining one-of-a-kind access to successful practices and HR professionals from across the country? Then CUPA-HR leadership — in a chapter, at the region level, or even on the national board of directors — might be right for you. Learn more about how you can get involved.

     

     



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  • The Emerging CUPA-HR Leaders Program Welcomes a New Cohort for 2022-23 – CUPA-HR

    The Emerging CUPA-HR Leaders Program Welcomes a New Cohort for 2022-23 – CUPA-HR

    by CUPA-HR | July 19, 2022

    The goal of CUPA-HR’s Emerging CUPA-HR Leaders program is to identify potential volunteer leaders who have shown exemplary leadership and initiative within higher ed HR and exhibit the desire to play an active role in advancing the profession. Invited participants have the unique opportunity to engage in problem-solving work groups and develop deep networks with peers while gaining an inside look at CUPA-HR’s operations and structure.

    Throughout the program, participants are encouraged to serve the association in a leadership capacity, lending a fresh and informed perspective. Many participants have gone on to hold positions on chapter boards, region boards and CUPA-HR’s national board of directors.

    The 2021-22 Cohort Curated Best Practices for CUPA-HR Chapters

    Before our previous cohort of leaders embark on the next step in their professional journeys, we want to acknowledge a special project they developed over the past several months. Each year, CUPA-HR recognizes outstanding work by chapters across the country, especially in the areas of event planning and programming, engagement, chapter management and leader development. The 2021-22 Emerging CUPA-HR Leaders wanted to collect those best practices in a format that was easy to share with future chapter leaders. As a result, CUPA-HR’s Chapter Toolkit now includes recorded interviews with some of CUPA-HR’s most experienced chapter leaders passing along lessons learned and secrets to chapter success.

    Many thanks to our 2021-22 Emerging CUPA-HR Leaders for their time and efforts:

    • Meg Arnold, Director of Organizational Development at Belmont University
    • Nicole Englitsch, Organizational Development Specialist at The University of Texas Rio Grande Valley
    • Jamee Harrington, Chief HR officer at Rogue Community College
    • Shannon Raum, Assistant Director of HR at Notre Dame of Maryland University
    • Taylor Zeilinger, HR Manager at the University of Wisconsin-Madison

    The 2022-23 Cohort Will Explore New Ways to Grow the Profession

    “We are excited to welcome this year’s Emerging CUPA-HR Leaders cohort,” says CUPA-HR President and Chief Executive Officer Andy Brantley. “These individuals are outstanding higher education human resources leaders who will help us lead the association into the future.”

    Congratulations to the 2022-23 Emerging CUPA-HR Leaders:

    • Laura Good, Assistant Director of Human Resources and Benefit Systems Manager, University of Mount Union
    • Leslie Hardin, Vice President Human Resources, Johnson County Community College
    • Beth Muha, Assistant Vice President of Human Resources, American University
    • Allyson Mullin, Executive Director of Human Resources, Alvernia University
    • Krista Vaught, Assistant Director, Employee Learning and Engagement, Vanderbilt University
    • Angela Wurtsmith, Executive Director of Human Resources, Colorado Mountain College

    Interested in joining our 2023-24 cohort? Learn more about the Emerging CUPA-HR Leaders program.



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  • HR and the Courts – July 2022 – CUPA-HR

    HR and the Courts – July 2022 – CUPA-HR

    by CUPA-HR | July 6, 2022

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

    Long Awaited Title IX Regulations Issued

    On Thursday, June 23 the Biden administration’s Department of Education issued its long anticipated new Title IX proposed regulations. The proposed regulations consist of a 700-page document published in the Federal Register and open for public comment for 60 days. The significant highlights of the proposed regulation include the expanding of the definition of sex harassment to include as prospective claimants those who allege discrimination or harassment based on sexual orientation, gender identity, pregnancy and any situation that creates a “hostile environment.”

    The proposed regulations throw out the Trump administration’s definition of sex harassment, which required the alleged sex harassment be “so severe and pervasive as to be objectively offensive,” and return to the pre-Trump era’s “severe and pervasive” standard, which is consider by most commentators to be a lower bar for future alleged sex harassment victims.

    The proposed regulations also expand jurisdiction over alleged sex harassment to include off-campus and out of the country matters, including study abroad situations. Finally, the proposed regulations also eliminate the requirement that investigations include cross examination of victims and in-person hearings. We will follow developments as these regulations ultimately wind their way to finalization. Learn more.

    Court of Appeals Rules That a Professor Has an Independent Right to Sue a University Under Title IX for an Alleged Gender-Biased Sex Harassment Allegation Which Led to His Denial of Tenure 

    The U.S. Court of Appeals for the 2nd Circuit (covering New York, Vermont and Connecticut) ruled that a professor has an “implied right” of action for alleged gender bias under Title IX concerning the conduct of a Title IX investigation into charges of sex harassment brought by a student. The 2nd Circuit joined a number of other circuit courts in holding that Title IX grant professors have a right to sue under similar alleged circumstances (Vengalatorre v. Cornell University (2nd Cir. No. 15-14, 6/2/22)).

    The professor alleged that the university’s procedures for investigating the allegations were “fundamentally flawed,” as the student’s allegations were time-barred under the university’s Title IX procedures. The university continued its investigation under the university’s “Romance Policy,” which took the investigation out of the hands of the Title IX coordinator and Title IX investigators. The investigation continued under the jurisdiction of a faculty committee, which the plaintiff alleged would not take action against allegedly false accusations because of “Twitter blow back.” The professor alleges that he was denied tenure as a result of a gender-biased investigation. The court ruled that the professor can proceed to trial over his allegations under Title IX.

    Transgender Sheriff’s Deputy Wins Title VII Lawsuit Over Denial of Coverage for Sex-Change Surgery but Loses ADA Claim Based on Gender Dysphoria

    A federal district judge in Georgia ruled in favor of  a sheriff’s deputy that she was improperly denied coverage for sex change and related genital surgery under the county’s health plan. The judge ruled that pursuant to the Supreme Court’s 2020 decision in the Bostock case that gender identity discrimination is prohibited by Title VII of the Civil Rights Act of 1964. The judge ruled that the exclusion for “sex change surgery” contained in the county’s insurance policy is facially discriminatory to transgender plan participants (Lang v. Houston County (2022 BL 191359  M.D. Ga. No. 5:19-cv-00392, 6/2/22)).

    The judge observed that it is undisputed that mastectomies are covered when they are medically necessary for cancer treatment but not when they are medically necessary for a sex change procedure. Similarly hormone replacement therapy is covered when medically necessary to treat menopause but not when medically necessary for a sex change. The judge concluded that this exclusion applies only to transgender participants and therefore violates Title VII.

    However, the judge dismissed plaintiff’s claims under the ADA. The Judge ruled that the ADA exclusion of “gender identity disorders” from coverage under the statute applies to plaintiff’s medical condition of “gender dysphoria.”

    University Subject to Gender-Based Discrimination Claim by Professor/Applicant for Position Never Filled

    The Court of  Appeals for the 6th Circuit recently over turned a trial court’s dismissal of a Title IX gender discrimination lawsuit filed by the top-ranked applicant for a position that was not filled. The plaintiff, a male, alleged gender discrimination against him by way of a plot to leave the leave the position he was ranked number one for unfilled, and then create two new, separate positions that were filled by female applicants. The trial court dismissed the case as “unripe” as the original position was never filled. The appeals court reversed, holding that an employer can commit hiring bias a number of ways, including cancelling a job opening in favor of creating a new position in which to hire employees of a different gender (Charlton-Perkins v. University of Cincinnati (2022 BL 292328, 6th Cir. No. 21-13840, 6/3/22)).

    The appeals court concluded that the alleged failure to hire the male plaintiff professor, despite the fact he was the number one applicant, is enough by itself to describe an adverse employment action and state an actionable discrimination claim for relief.

    North Carolina State Plan Covering Teacher and State Employees Ordered to Pay Employees’ Transgender Care

    The North Carolina Medical Plan for Teachers and State Employees’ exclusion of gender-confirmation coverage discriminates against transgender employees and their dependents on the basis of sex and transgender status in violation of the Constitution’s equal protection clause and Title VII, concludes the U.S. District Court for the Middle District of North Carolina (Kadel V. Falwell (M.D.N.C., No. 19-cv-272, 6/10/22)). The court observed that the plan distinguishes between medically necessary drugs that conform to the patients biological sex and medically necessary drugs that do not. A similar case is pending with the Arizona State Plan, which we recently reported on.



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  • DOL Targets October 2022 for Release of a New Overtime Proposal – CUPA-HR

    DOL Targets October 2022 for Release of a New Overtime Proposal – CUPA-HR

    by CUPA-HR | June 29, 2022

    On June 21, the Biden administration released the anticipated Spring 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.

    Based on a thorough review of the Regulatory Agenda, CUPA-HR would like to highlight the following proposed actions for members, including an updated target date for the release of a new overtime proposal.

    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 October 2022. In the Fall 2021 Regulatory Agenda, WHD announced their intention to move forward with the NPRM with the goal “to update the salary level requirement of the section 13(a)(1) exemption [under the FLSA].”

    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, in September 2019, DOL issued a new final rule 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 it remains in effect today.

    From April through June 2022, DOL held several listening sessions for interested stakeholders to discuss any support or concerns they may have with the anticipated rulemaking. CUPA-HR participated in all of the calls, expressing our concerns with the timing of the rulemaking as it relates to the ongoing challenges of the COVID-19 pandemic, a historically tight labor market, and increasing inflation.

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

    In October 2022, 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, which is included in the Department’s Statement of Regulatory Priorities, 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 July 2022, the National Labor Relations Board (NLRB) is planning to release an NPRM to potentially amend the standard determining when two employers may be considered joint employers under the National Labor Relations Act. The new standard will revise the 2020 Trump Administration’s final rule, which reversed the Obama-era NLRB decision in the 2015 Browning-Ferris Industries case and established that an entity can only be a joint employer if it actually exercises control over the essential terms and conditions of another employer’s employees. While details of the Democratic-majority NLRB’s NPRM on joint employer status are unknown, we would expect them to revise the current standard to reflect the Obama-era decision.

    Department of Homeland Security

    USCIS – Modernizing H-1B Requirements and Oversight and Providing Flexibility in the F-1 Program

    In May 2023, the Department of Homeland Security (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.”

    ICE – Optional Alternative to the Physical Examination Associated With Employment Eligibility Verification (Form I-9)

    According to the Regulatory Agenda, DHS plans to issue an NPRM in July 2022 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.”

    DHS has provided temporary flexibility in the Form I-9 verification process since the beginning of the COVID-19 pandemic. Specifically, the flexibility guidance allows for remote inspection of Form I-9 documents in situations where employees work exclusively in a remote setting due to COVID-19-related precautions. While that guidance is only temporary, DHS issued a Request for Public Input (RPI) on October 26, 2021, to determine whether those flexibilities should be kept in place permanently. It is possible that DHS will use that feedback to develop and implement this NPRM.

    CUPA-HR has engaged with DHS on the Form I-9 flexibilities through the pandemic. Most recently, DHS announced an additional extension of the Form I-9 flexibility guidance through October 31, 2022. CUPA-HR sent a letter to USCIS Director Ur M. Jaddou asking for this additional extension. Additionally, CUPA-HR submitted comments in response to the RPI based on a recent survey detailing members’ experiences with the Form I-9 verification process flexibilities.

    On June 7, ICE sent its proposal to the Office of Information and Regulatory Affairs (OIRA). OIRA is the White House office responsible for reviewing regulations and proposed regulations before they are publicly released and generally takes 30-90 days for this review, indicating ICE is on target to issue their proposal in July.

    Department of Agriculture

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

    In December 2022, 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, 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 December 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.”

     



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  • CUPA-HR Welcomes a New Board of Directors for 2022-23 – CUPA-HR

    CUPA-HR Welcomes a New Board of Directors for 2022-23 – CUPA-HR

    by CUPA-HR | June 28, 2022

    As we prepare for a new year at CUPA-HR, we want to take a moment to introduce our board of directors for 2022-23 and thank those who have served on the board over the past year. The board, which guides the association’s strategic priorities, is an incredible team of higher ed HR leaders who are dedicated to supporting and advancing the higher ed HR profession.

    Returning Board Members

    The chair of CUPA-HR’s board of directors for 2022-23 is Jay Stephens, vice president for human capital services at Kansas State University.  Jay has worked in human resources for nearly 20 years and has served on the CUPA-HR national board since 2018. Prior to joining Kansas State University, he was the associate vice president of human resources at Boise State University.

    Also returning to this year’s board are:

    Executive Committee Members

    • Jami Painter, Chair-Elect – Associate Vice President and Chief Human Resources Officer, University of Illinois System
    • Jeff C. Herring, Past Chair – Chief Human Resources Officer, The University of Utah
    • Kelli Shuman, Treasurer – Associate Vice President for Human Resources and Chief Human Resources Officer, Elon University
    • Andy Brantley, Ex-Officio – President and CEO, CUPA-HR

    Regional Directors

    • Kristi Yowell, Eastern Region – Associate Vice President for Human Resources, Goucher College
    • Renee Hiller, Midwest Region – Director of Human Resources, Michigan Technological University
    • Theresa Elliot-Cheslek, Western Region – Vice President and Chief Human Resource Officer, Washington State University

    At-Large Directors

    • Amanda Bailey, Vice President for Human Resources, Boston University
    • Heather Hart, Executive Director of Human Resources, Ivy Tech Community College of Indiana-Lafayette
    • El pagnier Kay (EK) Hudson, Senior Vice President, Human Resources and Vice Provost, Diversity, Equity, and Inclusion, Florida International University
    • Robyn Salvo, Associate Vice President for Human Resources, Monmouth University

    New Board Members

    In addition to our continuing board members, CUPA-HR is pleased to welcome six new members to the board:

    Thank You!

    As we conclude CUPA-HR’s 75th anniversary year, we also want to celebrate the outstanding leaders who are rolling off the board. They have invested countless hours of their time and energy in leading our profession and our association, and we are so grateful for their wisdom and guidance.

    • Susan Norton, Past Chair – Senior Associate Vice President for Human Resource, University of Alabama
    • Leanne Fuller – Director, Human Resource Services, Auburn University
    • Sheraine Gilliam, formerly with the University of North Texas System
    • Carl Sorensen, Senior Associate Vice President for Human Resources, University of Richmond

    We couldn’t accomplish our mission without our leaders. Thank you for your dedication and commitment!

    CUPA-HR’s  2021-22 Board of Directors



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  • Department of Education Releases Title IX Proposed Rule – CUPA-HR

    Department of Education Releases Title IX Proposed Rule – CUPA-HR

    by CUPA-HR | June 23, 2022

    On June 23, the Department of Education released the highly anticipated Notice of Proposed Rulemaking (NPRM) to amend Title IX. The NPRM proposes to replace the Trump administration’s 2020 Title IX rule and establishes safeguards for transgender students by proposing a ban on “all forms of sex discrimination, including discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation and gender identity.” The proposal will be open for public comment for 60 days following publication in the Federal Register.

    In March 2021, President Biden issued an Executive Order (EO) titled, “Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation and Gender Identity.” The EO directed the secretary of education to evaluate the Trump administration’s Title IX regulations and to “issue new guidance as needed on the implementation of the rule.”

    Of significance, the NPRM proposes to repeal the Trump administration’s requirement for live hearings for Title IX investigations. It also proposes to change the definition of sexual harassment back to “unwelcome sex-based conduct” that creates a hostile environment sufficiently severe or pervasive that it denies or limits a person’s ability to participate in a school’s education program or activity.

    CUPA-HR will be conducting a deeper analysis of the 700-page proposal in the days and weeks to come and will be partnering with other higher education associations to ensure the department receives meaningful feedback on its proposal.

    For additional information on the proposed rule, the department has provided a summary of the major provisions and a fact sheet.



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  • DOL Secretary Testifies in House and Senate Committee Hearings – CUPA-HR

    DOL Secretary Testifies in House and Senate Committee Hearings – CUPA-HR

    by CUPA-HR | June 22, 2022

    On June 14 and 15, the House Education and Labor Committee and Senate Appropriations Committee’s Subcommittee on Labor, Health and Human Services, Education, and Related Agencies held hearings on policies and priorities of the U.S. Department of Labor (DOL), as well as President Biden’s Fiscal Year 2023 Budget Request for DOL. In both hearings, Secretary of Labor Marty Walsh testified and answered questions about DOL’s regulations and actions, as well as potential future funding for programs under DOL.

    In both hearings, Walsh pointed to the accomplishments DOL has achieved during the Biden administration. He discussed efforts to increase the minimum wage for federal contractors to $15 and to protect workers’ organizing rights as some of the highlights of the department’s work during the Biden administration thus far. In addition to these accomplishments, he also called for increased funding and investments for workforce training and development.

    During the House committee hearing, Walsh was asked several questions about the anticipated overtime regulations. Rep. Mark Takano (D-CA) began his question period by restating his request for DOL to increase the minimum salary threshold to $82,732 by 2026, and asked Walsh his opinion on the current level and whether it was too high or low. Walsh responded saying he had no opinion on where the current level stands at this time, but that the department recently concluded listening sessions to hear from stakeholders about their opinions on updating the salary threshold. Additionally, Takano asked Walsh if there was a timeline of when the anticipated Notice of Proposed Rulemaking (NPRM) would be released for the overtime regulations, but Walsh responded that there was no set timeline at the time of the hearing.

    Many representatives and senators also discussed DOL’s workforce development and training programs. In the Senate hearing, Walsh explained that the current disconnect between youth and job openings is an opportunity for DOL to reach out and connect with those workers, better preparing them for the jobs available. Walsh also expressed his support for a wide range of apprenticeships in different, untraditional industries, and he stated DOL should partner with community colleges, existing workforce development programs, and other organizations to expand apprenticeships.

    CUPA-HR will keep members apprised of any developments that arise as a result of these hearings.



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  • CUPA-HR Participates in DOL Overtime Regional Listening Sessions – CUPA-HR

    CUPA-HR Participates in DOL Overtime Regional Listening Sessions – CUPA-HR

    by CUPA-HR | June 14, 2022

    In May and June, CUPA-HR participated in five regional listening sessions hosted by the Department of Labor (DOL) on the anticipated Notice of Proposed Rulemaking (NPRM) to update the criteria for the “executive, administrative and professional” exemptions for overtime pay under the Fair Labor Standards Act (FLSA). The listening sessions provided regional employers the opportunity to discuss their support or concerns with changes to the minimum salary level required to be exempt from overtime payments under the FLSA.

    CUPA-HR joined each of the five sessions to express concerns with the timing of the proposed increase to the minimum salary threshold to qualify for exempt status under the FLSA. Specifically, we raised concerns with the timing of such changes, as they would come while institutions, employees and students are still grappling with the challenges of the COVID-19 pandemic, a tight labor market and historically high inflation. Additionally, several CUPA-HR members joined the calls to raise similar concerns and discuss issues more specific to their individual institutions.

    Though many in higher ed and other industries are expressing similar concerns about raising the overtime minimum salary threshold level at this time, labor unions and worker advocates have led efforts to both raise the minimum salary threshold and expand coverage of overtime regulations to workers currently not covered under the FLSA. Notably, the National Education Association sent a letter to DOL urging the agency to remove the teacher exemption that currently exempts teachers from the FLSA requirements to receive overtime payments regardless of how much they are paid.

    The overtime NPRM that was targeted for release in April 2022 is now expected to come anytime within the next couple of months, though more information on when it will be released may be included in the anticipated Spring 2022 Regulatory Agenda. CUPA-HR will continue to monitor for the NPRM and will keep members apprised of any updates to the overtime regulations.



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