Tag: CUPAHR

  • Reassessing Your Institution’s EAP: Steps for HR Pros to Increase Awareness and Accessibility – CUPA-HR

    Reassessing Your Institution’s EAP: Steps for HR Pros to Increase Awareness and Accessibility – CUPA-HR

    by Lakyn Whaley | May 2, 2022

    May is Mental Health Month. Throughout the month, be sure to join the Connect discussion in the General Discussion group to discuss challenges and successes, as well as pose questions and offer advice to higher ed HR peers on the topic of mental health. A Zoom discussion will also take place mid-May. Stay tuned for the link to be posted in the Connect discussion. 

    Employee Assistance Programs (EAPs) are nothing new. In fact, 97 percent of large employers offer an EAP as part of their benefits package. Yet, the utilization rate of these programs is abysmally low, clocking in at an average of less than 5 percent even as concerns around mental health continue to grow. EAPs should be a key resource for struggling employees, so why isn’t anybody using them?

    Lack of Awareness

    Lack of awareness, on multiple levels, plays a large role in the underutilization of EAPs. Usually, employees are introduced to their organization’s EAP and other benefits during their onboarding process. However, the deluge of information new employees are exposed to during this time can easily wash out any memory of an EAP mention.

    In addition, there’s a general lack of awareness as to how EAPs function. People may form their own incorrect assumptions, such as thinking that participating in an EAP will incur an immediate cost or that EAP use will be reflected on performance evaluations, which keep them from accessing this benefit.

    Distrust and Stigma

    From grief counseling to connecting employees to legal resources, the situations that EAPs are designed to provide support for can often be deeply personal. Because of this, some employees may be concerned that personal details or other information related to their EAP access will be shared with their employers, since the EAP is an employer-sponsored program. Others may be hesitant to interact with EAPs due to the stigma surrounding mental and behavioral health topics.

    Accessibility

    If employees are aware and comfortable accessing their organization’s EAP, the next challenge they often have to surmount is the myriad steps required to connect with the resources and services they need. Many of the individuals who would benefit from using an EAP are already operating under higher levels of stress and may be more fatigued than their peers. This can mean that these employees are less likely to have the energy needed to engage with extended processes, even when they’re the ones who need it most.

    How Can HR help?

    It might feel like the issues listed above are too big for one department — and in some cases one person — to overcome, but there are steps you can take to help.

    Start by looking at your organization’s EAP from an employee perspective and map out the steps someone needs to take to access services. Ask questions along the way such as: How many steps are there? How do employees learn more about their EAP? What options are there for contacting someone? Might the hours of service be prohibitive to some? Are the services provided meeting a variety of needs? Note too where you notice the potential for confusion or frustration within the process and remember that if something can be simplified, it should be simplified!

    Once you’ve reassessed the EAP process, take some time to examine how your campus is talking about mental health in general. While communication about the EAP is necessary for program awareness, by itself it’s not enough to improve utilization. Double down on efforts to reduce stigma around mental health and mental illness. Creating a culture where employees feel safe to talk about their mental health and welcome to bring their whole selves to the table has myriad benefits — only one of which is improving EAP usage.

    Related resources:

    Mental Health Toolkit (CUPA-HR members-only resource)

    Destigmatizing Mental Health on Campus: What Can HR Do (Higher Ed HR Magazine)

    Right Direction – Free Turnkey Resources for Organizations to Address Mental Health in the Workplace



    Source link

  • 2022 Data: Changes in Higher Ed Pay and Workforce Size – CUPA-HR

    2022 Data: Changes in Higher Ed Pay and Workforce Size – CUPA-HR

    by CUPA-HR | April 27, 2022

    CUPA-HR has released its data on overall higher ed pay increases, as well as changes in workforce size for 2021-22.

    Higher Ed Pay Increases Have Not Kept Pace With Inflation

    The soaring inflation rate has far outpaced pay increases for the higher education workforce. According to findings from CUPA-HR’s annual workforce surveys for 2021-22, overall median salaries for administrators increased by 3.4%. Professionals and non-exempt staff saw increases of 2.9%, and salaries for tenure-track and non-tenure-track faculty increased by 1.6% and 1.5%, respectively. The inflation rate for 2021 was 6.8% and continues to climb.

    This is not the first year that pay increases have not kept up with inflation. Pay increases for administrators, professionals and staff last met or exceeded inflation in 2019-20.  Non-tenure-track faculty salary increases last met or exceeded inflation in 2016-17, and tenure-track faculty salary increases have not kept pace with inflation in any of the past six years.

    Explore pay-increase trends on CUPA-HR’s website.

    Overall Workforce Size Has Declined in the Wake of the Pandemic

    Historically, the overall size of the higher education workforce has increased from year to year. However, colleges and universities are experiencing the same employee recruitment and retention challenges that most U.S. employers have struggled with in the past few years. In both 2020-21 and 2021-22, the size of full-time staff, part-time staff, and tenure-track faculty declined from the prior year.

    Two areas of the workforce that saw growth this year were those of non-tenure-track faculty and adjuncts. Although the number of non-tenure-track faculty and adjuncts declined between 2019-20 and 2020-21, those numbers have rebounded in 2021-22.

    Explore the trends in workforce size changes on CUPA-HR’s website.

    In-Depth Data and Custom Reports

    Higher ed institutions can use CUPA-HR’s DataOnDemand (DOD) subscription service to run comprehensive data tables and analyses.



    Source link

  • DHS Extends I-9 Flexibility Guidance Through October – CUPA-HR

    DHS Extends I-9 Flexibility Guidance Through October – CUPA-HR

    by CUPA-HR | April 25, 2022

    On April 25, the Department of Homeland Security announced another extension of the Form I-9 compliance flexibilities that was initially granted in 2020. The guidance was set to expire on April 30 but has now been extended through October 31, 2022.

    The guidance will continue to allow for remote inspection of Form I-9 documents in situations where employees work exclusively in a remote setting due to COVID-19-related precautions. For employees who physically report to work at a company location on any regular, consistent or predictable basis, employers are required to use standard I-9 procedures.

    Last week, CUPA-HR and the American Council on Education (ACE) sent a letter to United States Citizenship and Immigration Services (USCIS) Director Ur Jaddou asking for this additional extension as colleges and universities continue to rely on such flexibilities during a period where institutions are facing worker shortages and a tight labor market that have caused institutions to turn to out-of-state professionals and faculty to fill open positions. Additionally, the letter noted that DHS is pursuing options to modernize the Form I-9 examination requirements through the formal rulemaking process, which may lead to a permanent option for remote inspection.

    CUPA-HR is once again grateful for DHS’s swift response and extension of the Form I-9 flexibilities. We will keep members apprised of any updates on both this guidance and future Form I-9 regulatory activity.

     

     

     

     



    Source link

  • Uncovering Workplace Barriers by Auditing the DEI Experience – CUPA-HR

    Uncovering Workplace Barriers by Auditing the DEI Experience – CUPA-HR

    by CUPA-HR | April 20, 2022

    Detecting bias can be a challenge, particularly when it comes to long-standing practices that are firmly rooted in our campus culture and systems. Left unchecked, these routine practices may create unintended barriers to inclusion and belonging.

    In the recent CUPA-HR virtual workshop, “Detecting Systemic Bias in Talent Practices,” Dr. Aarti Shyamsunder, DEI solutions consultant at YSC Consulting, and Pooja Shahani, founder and CEO of Kintsugi Consulting, discussed methods higher ed HR practitioners can use to pinpoint these barriers to inclusion. One method is to audit the DEI experience at your institution by reflecting on the following questions to determine who is present, who is participating and who holds the power.

    • Who runs things? Who are the individuals that make decisions? Who are the leaders? Who sits on the board? Do they all look the same? Is there a pattern in who gets to run things?
    • Who does the office “housework?” Who organizes team outings and takes meeting notes? Are these individuals recognized for their work? Women in the workforce often take on these additional duties.
    • Who gets credit? Are team members receiving praise and recognition for their contributions to a job well done? In academia, this could include whose name gets listed first on research or other academic work.
    • Who knows whom? Is there a pattern of individuals who know each other who receive more information and therefore have more opportunities to progress?
    • Who is speaking? Who gets to take space in a room? Is there an obvious difference in how often men in the room speak versus women?
    • Who gets development opportunities? Who are the individuals who get access to high-visibility roles that end up becoming senior-level positions? Who is being invested in?
    • Whose experience matters? “Covering” is a term that means downplaying our identities. What kind of covering demands (often unspoken) do we make of people so they feel compelled to change themselves in order to belong?
    • Who gets invalidated? Whose presence and voice are missing from meetings?

    Exploring long-standing practices through the lenses of various campus stakeholders is essential to creating a higher ed workplace that is both inclusive and welcoming. Look for ways you and your team can audit employee experiences and uncover barriers at your institution.

    Related resources:

    Diversity, Equity and Inclusion Toolkit (CUPA-HR members-only resource)

    DEI Maturity Index

    Diversity Resources

    Diversity and Inclusion Start With the Hiring Process: Two Institutions Getting It Right (The Higher Ed Workplace Blog)



    Source link

  • HR and the Courts – CUPA-HR

    HR and the Courts – CUPA-HR

    by CUPA-HR | April 13, 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.

    Court of Appeals to Decide Whether a Non-Citizen Applicant for U.S. College Soccer Coaching Position Is Covered Under U.S. Anti-Discrimination Laws 

    The U.S. Court of Appeals for the D.C. Circuit will review a federal trial court decision concluding that a non-citizen soccer coach applicant is not protected or covered by U.S. anti-discrimination statutes.

    The federal trial court dismissed the case against American University on summary judgement concluding that a non-citizen applicant living outside the United States is not protected under Title VII or the Civil Rights Act of 1866. The plaintiff has appealed to the D.C. Circuit claiming that he was discriminated against because of his race, ethnicity and national origin when he did not receive the position he applied for (Nahkid v. American University ( DC Cir. No. 21-cv-7107, 3/11/22)). The plaintiff was a citizen of Trinidad Tobago and was living in Lebanon when he applied for the position. The plaintiff is a graduate of American University and played on the soccer team when he was a student.

    Federal Court Jury Awards Professor $3 Million for Past and Future Emotional Distress, Pain and Suffering Resulting From Her Tenure Denial Based on Her Sex and Pregnancies

    A federal district court jury in west Texas awarded an assistant engineering professor more than $3 million in damages as a result of finding that the University of Texas At Austin denied her tenure because of her sex and pregnancies. The professor was awarded $1 million for past emotional pain and suffering, $2 million for future emotional pain and suffering and $50,000 for lost back pay and benefits (Nikolova v. University of Texas at Austin (W, Dist Tex. No. 1:19-cv-00877, jury verdict 3/14/22)). Motions may be filed to have the court reduce the jury’s damage verdict.

    Court of Appeals Dismisses Student Intern’s Title VII Discrimination Claims Due to No Employee/Employer Relationship

    The U.S. Court of Appeals for the Third circuit (covering Pennsylvania, New Jersey and Delaware) recently affirmed a trial court’s dismissal of a Temple University student intern’s race discrimination lawsuit against an opioid rehab facility, Prevention Point, where he was interning. The plaintiff was a student in Temple’s public health program and obtained the internship as part of the program to complete his degree. In an unpublished decision, the court of appeals concluded that the plaintiff did not have an employee/employer relationship with Prevention Point, so there was no Title VII jurisdiction (Payne v. Prevention Point Philadelphia (2022 BL 86265 Cir. No. 21-02173, unpublished, 3/15/22)).

    The court pointed to evidence that documented that the goals of the internship related to the plaintiff’s course work at Temple and that other documents supported the fact that university staff coordinated with the facility’s staff to manage the internship.

    New York State Court System Terminates 103 Unvaccinated Employees as Appeals Court Reinstates Presidential Vaccine Mandate Among Federal Workers

    New York state court administrators disclosed that they have terminated 103 employees for failure to adhere to the court system’s vaccine mandate. They also reported that another 12 employees have retired or resigned after they failed to comply with the court’s COVID-19 vaccine requirements. All unvaccinated employees were given a warning last month that they faced possible termination for not complying with the vaccine mandate. Forty-one people in that group did comply and were not among those terminated for non-compliance.

    Four judges also face further action for not complying as the court administrators do not have the power to terminate non-compliant judges. It appears that the court administrators will refer non-compliant judges to the judicial ethics independent watchdog for non-compliance and further potential action.

    Union officials representing the terminated employees continue to fight the terminations. Federal courts have ruled against attempts to block enforcement of the court administration’s vaccine mandate.

    Separately, the U.S. Court of Appeals for the Fifth Circuit reversed a Texas federal district court judge’s order, blocking the presidential requirement for federal civilian employees to be vaccinated. The court of appeals threw out the challenge to the presidential order, requiring over two million federal civilian employees to be vaccinated or face termination (Feds for Medical Freedom v. Joseph Biden (5th Cir. No. 22-40043, 4/7/22).

    States Beginning to Ban Employer Non-Disclosure Agreements

    The state of Washington recently became the latest state to restrict an employer’s ability to request or demand a non-disclosure agreement (NDA) as a condition of employment or as part of a settlement agreement in discrimination or other employment-related cases.

    The Washington state law takes effect on June 9, 2022. The law goes on step further than similar laws in California and New York, which ban NDAs. The Washington state law bans confidentiality agreements, in addition to NDAs, as part of workplace settlements related to allegations of illegal conduct.



    Source link

  • Reauthorization of Violence Against Women Act Signed Into Law – CUPA-HR

    Reauthorization of Violence Against Women Act Signed Into Law – CUPA-HR

    by CUPA-HR | April 12, 2022

    On March 15, President Biden signed into law the Violence Against Women Act (VAWA) Reauthorization Act of 2022. The legislation reauthorizes all current VAWA grant programs through 2027 and was included in the omnibus appropriations package, which provided $1.5 trillion to fund the federal government for fiscal year 2022.

    Several of the VAWA Reauthorization Act’s provisions will specifically impact higher education institutions. The bill:

    • requires colleges and universities to conduct campus climate surveys of students to track their experiences of sexual violence on campus;
    • expands and provides additional funding for the Rape Prevention and Education Grant Program and other existing campus grants designed to provide comprehensive prevention education for students;
    • establishes a pilot program that provides funding to colleges and universities (among other entities) to create programs on restorative practices to prevent and address sexual violence;
    • requires the Secretary of Health and Human Services to create a demonstration grant program for colleges and universities to provide comprehensive forensic training to train healthcare providers on forensic assessments and trauma-informed care to survivors of sexual violence; and
    • requires the Government Accountability Office to examine the relationships between victims of sexual violence and their ability to repay their student loans.

    Of particular concern for higher ed institutions is the survey to track student experiences of sexual violence on campus. Conducting the survey could create challenges for the institutions as well as for the Department of Education charged with developing it. Additionally, some institutions are already conducting similar surveys on their campuses, creating a risk of duplicated efforts. This will be a complex undertaking for both the department and higher ed institutions.

    CUPA-HR will update members on any additional information on the implementation of the VAWA Reauthorization Act as it is released.



    Source link

  • President Biden Nominates Kalpana Kotagal to Serve as EEOC Commissioner – CUPA-HR

    President Biden Nominates Kalpana Kotagal to Serve as EEOC Commissioner – CUPA-HR

    by CUPA-HR | April 11, 2022

    On April 1, President Biden announced his intention to nominate Kalpana Kotagal to serve as a commissioner on the Equal Employment Opportunity Commission (EEOC). If confirmed, Kotagal would give the EEOC Democratic control for the first time under the Biden administration, as she would fill the seat currently held by Janet Dhillon, a Republican appointee whose term expires on July 1.

    Kotagal is currently a partner at Cohen Milstein Sellers & Toll and is a member of the firm’s civil rights and employment practice group and chair of their hiring and diversity committee. In her time with Cohen Milstein, she has worked on several high-profile cases, including:

    • a class action lawsuit representing over 69,000 female employees against Sterling Jewelers alleging gender discrimination and Equal Pay Act violations — a case that may reach the Supreme Court; and
    • a class action against AT&T Mobility Services in which the company’s sales representatives allege that the company’s attendance and late policy amounts to pregnancy discrimination and violates the Pregnancy Discrimination Act, Americans with Disabilities Act and Family and Medical Leave Act.

    Kotagal is also a co-author of the Inclusion Rider, which is a legal template that individuals in the entertainment industry can add to their contracts to demand diversity and inclusivity on projects. She and her co-authors drafted the rider and made it public so anyone in the industry can use it.

    In addition to her work with Cohen Milstein, Kotagal sits on the board of directors of A Better Balance, a nonprofit that litigates pregnancy discrimination claims and advocates for “supportive policies,” including paid sick, family and medical leave, fair scheduling and accessible, and quality childcare and education. She is also a board member for the Public Justice Foundation, a nonprofit focused on “high-impact lawsuits to combat social and economic injustice, protect the earth’s sustainability and challenge predatory corporate conduct and government abuses.”

    Kotagal is also a co-chair of the alumni advisory board on equity and inclusion at the University of Pennsylvania Law School, a member of the American Constitution Society Task Force on #MeToo in the legal profession, and serves on the advisory counsel of the People’s Parity Project, which focuses on reforming the legal system.

    CUPA-HR will monitor and keep members apprised of any updates to her nomination during the confirmation process.



    Source link

  • DOL to Host Regional Listening Sessions for Proposed Overtime Rule Regulations – CUPA-HR

    DOL to Host Regional Listening Sessions for Proposed Overtime Rule Regulations – CUPA-HR

    by CUPA-HR | April 7, 2022

    In the Biden administration’s fall 2021 regulatory agenda, the Department of Labor (DOL)’s Wage and Hour Division (WHD) announced that it planned to release in April 2022 a Notice of Proposed Rulemaking (NPRM) changing criteria for the “executive, administrative and professional” exemptions from the overtime pay requirements under the Fair Labor Standards Act (FLSA). In May and June, the DOL will host five regional listening sessions allowing stakeholders to discuss the anticipated proposed rule aimed at changing the exemptions to the federal overtime pay requirements.

    With listening sessions extending into May, the WHD will not be able to meet the April target date, but we do expect the agency will release a proposed rule in 2022 with compliance likely required in 2023. While the DOL has not shared how it may change the exemptions, it is holding listening sessions to elicit stakeholder input as to whether changes are appropriate and what changes would be appropriate at this time.

    Background

    According to the regulatory agenda, one of the goals of the NPRM would be “to update the salary level requirement of the section 13(a)(1) exemption [under the FLSA].” Changes to the overtime exemption minimum salary threshold have been proposed recently under both the Obama and Trump administrations. In 2016, President Obama’s DOL issued a final rule to increase the salary threshold from $23,660 to $47,476 per year and impose automatic updates to the threshold every three years, but the rule was subsequently struck down by federal court before taking effect in 2017. In 2019, the Trump administration issued a new final rule that raised the minimum salary threshold from $23,660 to $35,568 annually, which went into effect on January 1, 2020. The $35,568 threshold remains in effect today.

    On March 29, in anticipation of the upcoming Biden administration rule, the DOL held a virtual higher education-specific listening session for D.C.-based higher education associations, including CUPA-HR. The listening session was scheduled after CUPA-HR and 14 other higher education associations submitted a request that the DOL hold such meetings prior to releasing the anticipated NPRM. CUPA-HR and several other higher education associations joined the session to discuss potential concerns institutions may have with an increase to the minimum salary threshold at this time.

    Regional Sessions

    In addition to the D.C. meeting held in March, the DOL is planning to host five additional regional listening sessions for employers. The sessions include the following:

    • Northeast Employers: May 13 at 3:30 p.m. EDT
    • Southeast Employers: May 17 at 2:00 p.m. EDT
    • Midwest Employers: May 20 at 3:30 p.m. EDT
    • Southwest Employers: May 27 at 3:00 p.m. EDT
    • West Employers: June 3 at 3:30 p.m. EDT

    If your institution is interested in participating in any of the regional meetings, please reach out to CUPA-HR’s Chief Government Relation Officer Josh Ulman at [email protected]. Additional information about the D.C. listening session and CUPA-HR’s talking points will be provided upon inquiry.



    Source link

  • 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.



    Source link

  • Tools to Build a Harassment-Free Higher Ed Workplace – CUPA-HR

    Tools to Build a Harassment-Free Higher Ed Workplace – CUPA-HR

    by CUPA-HR | March 30, 2022

    Sexual violence is a multi-faceted and difficult topic. Higher ed institutions either enter the conversation before an event of sexual violence has occurred or after it has occurred, leaving the institution scrambling for answers to the campus community as to why it happened in the first place.

    As part of upcoming Sexual Assault Awareness Month (April), we’re highlighting some CUPA-HR resources that share first-hand experiences from some higher ed institutions and the strategies and trainings they’ve used to respond to and approach the topic of sexual violence on campus.

    Strategies to Create a Harassment-Free Workplace

    In an article in the spring 2020 issue of Higher Ed HR Magazine, UMass Lowell detailed how they addressed concerns about a sexual harassment complaint the university received several years prior that spurred anger among students, faculty and staff. Questions were raised as to how decisions were made following the violation, whether the sanctions were sufficiently severe and what steps were taken to mitigate risk of recurrence.

    In response, the chancellor convened a task force to review the university’s Title IX policies and procedures, educational efforts, culture and climate, and communications on these issues, and to make a set of recommendations to the executive cabinet for future improvements. Read the full article to learn about how the task force practiced transparency, built trust among the community and key themes that emerged in the recommendations from the task force: A Matter of Trust: Strategies for Creating a Harassment-Free Workplace

    Impactful, Engaging In-Person Sexual Harassment Training

    While training alone isn’t the answer to creating a harassment-free environment, it certainly should be part of an institution’s broader strategy. However, in order to make an impact, the training must be engaging, insightful, interactive and relatable — and sitting at a desk clicking through an online training module or watching a video about workplace harassment is anything but engaging. With an in-person training approach, participants can ask questions, engage one another in dialogue, and connect to the content, making the messaging more likely to stick.

    Explore the benefits of and barriers to in-person sexual harassment training, as well as examples of interactive in-person training activities in the article A Thoughtful Approach: How to Conduct Impactful, Engaging In-Person Sexual Harassment Training.

    Additional Sexual Harassment Resources

    CUPA-HR’s Title IX and Sexual Harassment Toolkit is a great place to check out what other institutions are doing to mitigate sexual harassment and misconduct. The toolkit highlights sexual harassment and reporting policies, trainings and other tools for HR pros.

    By tapping into these resources, higher ed institutions can positions themselves as those that prioritize prevention over reaction when it comes to sexual violence on campus.

    Related resources:

    How Institutions Are Leveraging Partnerships and Education to Address Sexual Harassment and As

    4 Ways to Mitigate Risk Related to Sexual Misconduct and Harassment on Campus

    Sexual Harassment Resources



    Source link