Tag: CUPAHR

  • National College Players Association Files Charges Seeking Employee Status for Student-Athletes – CUPA-HR

    National College Players Association Files Charges Seeking Employee Status for Student-Athletes – CUPA-HR

    by CUPA-HR | February 17, 2022

    On February 8, the National College Players Association (NCPA), an advocacy association for college athletes, filed unfair labor practice charges with the National Labor Relations Board (NLRB) against the University of Southern California, the University of California, Los Angeles (UCLA), the Pac-12 Conference and the National Collegiate Athletic Association (NCAA).

    The charges allege that the employers have violated the National Labor Relations Act (NLRA) by “repeatedly misclassifying employees as ‘student-athlete’ nonemployees” and “by maintaining unlawful rules and policies in its handbook, including restricting communications with third parties.” The charges mark the launch of the NCPA’s #JforJustice campaign and aim “to affirm college athlete employee status for every [Football Bowl Subdivision (FBS)] football player and Division I basketball player at every public and private university in the nation,” per an NCPA statement.

    This is the latest development regarding issues surrounding employment status of student-athletes since NLRB General Counsel Abruzzo issued a memorandum last September stating her position that student-athletes are employees under the NLRA and are therefore afforded all statutory protections as prescribed under the law. In that memo, Abruzzo stated that it was her intent to “educate the public, especially Players at Academic Institutions, colleges and universities, athletic conferences and the NCAA” about her position in future appropriate cases.

    The NCPA charges potentially provide Abruzzo with a case she can present to the NLRB to consider granting collective bargaining rights to college athletes. In 2015, the last time the NLRB considered the issue, it declined to assert jurisdiction over Northwestern football players, as doing so “would not promote labor stability [because the] board does not have jurisdiction over state-run colleges and universities” that make up the majority of the FBS. The NCPA charge seeks to overcome this jurisdictional obstacle by including the privately-held Pac-12 and NCAA as joint employers of UCLA’s athletes — a theory of liability Abruzzo said she would consider applying in appropriate circumstances.

    Now that the charges have been filed, an NLRB regional director will review the case and determine whether formal action should be taken and presented to an administrative law judge, which would preside over a trial and issue a decision that could ultimately be taken up by the five-member board.

    CUPA-HR will be paying close attention to this case and provide members updates as it progresses.



    Source link

  • Diversity and Inclusion Start With the Hiring Process: Two Institutions Getting It Right – CUPA-HR

    Diversity and Inclusion Start With the Hiring Process: Two Institutions Getting It Right – CUPA-HR

    by Jill Thompson | February 16, 2022

    For institutions to become diverse, equitable and inclusive workplaces for faculty and staff, HR must take a critical look at current hiring processes and analyze not only who’s being hired, but who’s doing the hiring. Are search committee members trained in DEI issues and prepared to conduct interviews in a way that exemplifies the institution’s commitment to DEI?

    As we wrap up the first two weeks of the 21-Day Equity Habit Building Challenge: Less Talk, More Action, we’re calling attention to inspiring higher ed hiring initiatives and resources from two institutions. HR pros will want to bookmark these resources to help them think through small adjustments or total redesigns of their institution’s hiring processes and DEI training for search committees.

    UC Davis’ Guide for Hiring Managers

    To helping hiring managers develop skills related to diversity and inclusion, UC Davis’ HR team created a guide to attracting, selecting and hiring diverse talent. The guide lists ways the institution can improve its reach for open positions and the diversity of candidates, as well as tips for incorporating inclusive language, targeting outreach, selecting recruitment panels, developing interview questions and making accommodations for applicants with accessibility issues.

    Oakland University’s Diversity Advocate Program

    Oakland University’s Diversity Advocate (DA) faculty hiring program was highlighted in-depth in the Fall 2021 issue of Higher Ed HR Magazine. The goal of the program is to mitigate bias in the hiring process. At one of the 21-Day Challenge Town Halls, OU’s team discussed the advantages of applying its DA model to the hiring process, namely ensuring equity doesn’t fall between the cracks by designating a DA to be an attentive participant in the search process.

    While Oakland University created the DA program for faculty hiring, they have gone on to create the Diversity Equity Advocate (DEA) program aimed at staff hiring. Although the DEA program is still considered a pilot program, it’s a great example of how Oakland University is shaking up search committees to achieve a more diverse workforce.

    Search committees are one of the first points of contact for job candidates. It’s imperative that these committees are prepared and trained to conduct inclusive interviews with diverse candidates and to bring issues of equity to the forefront. HR practitioners can use the resources listed here to spark ideas and action within their institutions.

    Haven’t joined in on the latest 21-day challenge yet? There are still two weeks left! 21-Day Challenges are open to CUPA-HR members only.

    Check out these articles to see how other institutions are promoting diverse, equitable and inclusive hiring practices:

    Embedding Racial Equity Into HR Practices

    The Equity Case for Competency-Based Hiring

    Breaking Down Hiring Barriers for Veterans: The Journey to Becoming a Military-Friendly Employer

    Hiring Heroes: Providing Employment Opportunities for Military Veterans

    How Two Universities Are Building Community Partnerships to Strengthen Local Hiring

    Removing Hiring Barriers for the Disability Community

    Examining Implicit Bias and Its Effect on Hiring and Inclusiveness

    e-Learning Courses:

    Building a Successful, More Inclusive Search (Individual)

    Building a Successful, More Inclusive Search (Group)



    Source link

  • Take a Break With These Meditation Resources – CUPA-HR

    Take a Break With These Meditation Resources – CUPA-HR

    by Melissa Fuesting | February 9, 2022

    Meditation is an umbrella term for achieving an intense level of focus. Humans have been meditating in various ways for thousands of years, and research suggests there’s good reason why. Meditation can increase concentration, reduce stress, reduce anxiety and depression, improve physical health and help us become more resilient in our personal and professional lives.

    If you’d like to dip your toe into meditation, try one of the free resources below. Don’t be afraid to try a few different approaches — some methods might click with you better than others. If meditation intimidates you, try starting with guided imagery meditation or a physical form of meditation like yoga or tai chi.

    Mantra Meditation

    Create deep focus by continuously chanting or mentally repeating a word or phrase.

    Guided Meditation

    Create deep focus by using as many of your five senses as possible to anchor yourself in the moment.

    Mindfulness Meditation

    Create deep focus by increasing your awareness of the moment. This method of meditation usually involves focusing on your breath.

    Physical Forms of Meditation

    Check out this blog post and on-demand webinar for more practical steps HR pros can take to build resilience into work and life. 



    Source link

  • HR and the Courts – CUPA-HR

    HR and the Courts – CUPA-HR

    by CUPA-HR | February 9, 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.

    U.S. Supreme Court to Review Harvard and UNC Affirmative Action Admission Policies In Consolidated Case 

    The U.S. Supreme Court agreed to hear and review two cases challenging the affirmative action admissions policies at Harvard University and the University of North Carolina. The Supreme Court will hear an hour of argument over both court of appeals decisions, which have concluded that the respective affirmative action plans were legal. In the past, the Supreme Court has consistently ruled that college and university admission related affirmative action plans were legal since 1978 in the Bakke decision.

    The composition of the Supreme Court has changed significantly since the last time it ruled that affirmative action in college admissions was legal in 2018 in the University of Texas at Austin case. The argument will be heard in the October 2022 term with a decision likely to be made in 2023. CUPA-HR will follow and report on future developments.

    Court of Appeals Allows a Former Teaching Assistant’s Complaint Alleging Male Bias In Title IX Investigation to Proceed 

    The Ninth Circuit Court of Appeals (covering California, Oregon, Washington, Nevada, Idaho, Montana and Arizona) ruled that a former Chinese national teaching assistant — who lost his job and student visa to stay in the U.S. after a Title IX investigation found that he was in violation of the school’s dating guidelines — can proceed with his own Title IX suit against the university, alleging that the investigation was biased against him as a male (Doe v. University of California (9th Cir. No. 20-55831. 1/11/22)). The plaintiff, who had prevailed in a state court proceeding challenging the disciplinary decision, nonetheless lost his housing, job, student visa and the ability to complete his doctorate.

    The plaintiff had broken off his engagement to a student who he was dating after learning she had been unfaithful to him. She came unannounced to his office, confronted him and blocked his exit when he said he had to leave to teach a class. The plaintiff eventually got around the student to leave, but the student called the campus police claiming that he pushed her and grabbed her arm, and she filed a Title IX complaint. During the investigation, an investigator told the plaintiff, “No female had ever fabricated allegations against a former boyfriend in a Title IX setting.” The plaintiff also alleged that during the two-year time period, the overwhelming majority of Title IX claims were against males and that no female was ever given a two-year suspension in circumstances like his. The court of appeals concluded that given these facts, the plaintiff’s claims should proceed to trial.

    NLRB General Counsel Reiterates Call for NLRB to Issue Make-Whole Remedies, Including Emotional Distress Damages for Employer Unfair Labor Practice Violations

    Jennifer Abruzzo, the Biden administration appointee as general counsel to the National Labor Relations Board (NLRB), has reiterated her request that the NLRB expand its remedy policies for employer violations of the National Labor Relations Act’s unfair labor practice provisions, including discrimination against union members, to include “make-whole” remedies, which would include emotional distress damages. The general counsel announced her initial request in September 2021. Abruzzo followed up the September 2021 request in a legal brief filed with the NLRB on January 10, 2022 arguing that the NLRB remedies are “feeble” and allow employer’s to violate the Act because it is cheaper do so without facing the consequence of make-whole remedies.

    Current NLRB remedies are limited to employment reinstatement, back pay awards and posting of notices that the employer violated the Act. Business groups filed a brief on January 10, 2022, which also opposes the general counsel’s request, arguing that the NLRB lacks authority under the Act to impose make-whole remedies. CUPA-HR will follow this litigation and report the result in a future blog post.

    U.S. Supreme Court Will Hear Football Coach’s First Amendment Claim of Protected Mid-Field Prayer Denied By the Ninth Circuit Court of Appeals 

    The U.S. Supreme Court has granted certiorari (cert) and will hear an appeal of a Washington state football coach whose claim to a First Amendment right to kneel and pray at the 50-yard line after each game was denied by the Ninth Circuit (covering California, Oregon, Washington, Arizona, Nevada, Montana and Idaho) (Kennedy v. Bremerton School District (U.S. No. 21-418, cert granted 1/14/22)). The Bremerton School District suspended the coach after he refused to cease his weekly ritual of kneeling and praying at the 50-yard line after each game. The Ninth Circuit denied the First Amendment claim, holding that the coach’s public statements about his prayer activities belied his argument that is was a private religious act and evidenced his attempts to proselytize his religious beliefs. As such, allowing it to continue would violate the school district’s/government’s duty not to support any particular religion.

    The coach argued that the decision, if left standing, would virtually transform speech of a public employee into government speech, lacking any First Amendment protection. The school district argued against cert, claiming that it had given the coach an accommodation to pray before or after the game in the press box or anywhere else where he would not be surrounded by his team. The coach insisted on being able to pray at mid-field before the team and spectators had cleared the field. CUPA-HR will follow this case and report on the ultimate decision.

    COVID-19 Spousal Death May Be a Way Around Workers’ Compensation Defense to Employer Liability for Some COVID-19 Cases Contracted at Work 

    A California appellate court recently refused to dismiss a case filed by an employee who claimed her husband contracted and died of COVID-19, which she contracted from working on the employer’s assembly line (See’s Candies, Inc. v. Superior Court of L.A. County (2021 BL 485084, Cal. Ct. App. 2nd Dist. No. B312241,12/21/21)). The appeals court rejected the company’s argument that the husband’s death was a “derivative” injury of the employee’s injury/illness contracted at work and therefore barred by the workers’ compensation prohibition of individual lawsuits. This is a new area of the law and the cases popping up elsewhere may come to a different result. CUPA-HR will follow the issue as case law develops.

    U.S. Union Membership Among American Workers Declines to Record Low in 2021

    The percentage of American workers who are union members declined to 10.3 percent in 2021 to match its record low percentage of 2019. While union membership increased in 2020, the percentage dropped 0.5 percent in 2021 to the 2019 percentage according to the U.S. Department of Labor’s Bureau of Labor Statistics. In 2021, the number of union members declined to 14 million while the number of overall workers increased. The percentage of American workers who are union members has declined significantly since 1984 when approximately 20 percent of the U. S. workforce was unionized.



    Source link

  • CUPA-HR Submits Letter to DOL Requesting Stakeholder Meetings Prior to Anticipated Overtime Proposed Rule – CUPA-HR

    CUPA-HR Submits Letter to DOL Requesting Stakeholder Meetings Prior to Anticipated Overtime Proposed Rule – CUPA-HR

    by CUPA-HR | February 8, 2022

    On February 8, CUPA-HR and 14 higher education organizations sent a letter to the Department of Labor (DOL) Wage and Hour Division (WHD)’s Acting Administrator Jessica Looman requesting that the agency engage in stakeholder meetings with the higher education community during the initial stages of the rulemaking process for the anticipated overtime rule.

    In December 2021, the DOL announced in its Fall Regulatory Agenda that it plans to issue a Notice of Proposed Rulemaking (NPRM) this April to update the salary level to qualify for the executive, administrative and professional employee exemptions (collectively known as “white collar” or “EAP” exemptions) to the Fair Labor Standard Act’s overtime pay requirements. In 2015, the Obama administration’s DOL proposed an increase to the threshold of over 100 percent from $23,660 to $50,440 per year. After the comment period ended, the DOL issued a final rule in 2016 that would have increased the level to $47,476. The rule was stayed and then overturned by a federal court in 2017; however the Trump administration DOL reevaluated the rule in light of the litigation and issued a new rule in 2019 that increased the salary threshold starting January 1, 2020, to $35,568 per year.

    While the DOL has not publicly stated the salary threshold increase it is considering for the April NPRM, members of Congress and advocates have recommended that the Biden administration DOL increase the threshold by over 100 percent to at least to $82,732 by 2026.

    Given the likelihood that the DOL is feeling significant pressure from certain stakeholders to pursue a robust increase, CUPA-HR drafted the letter highlighting higher education’s significant involvement with DOL’s prior rulemakings in 2016 and 2019 and the particular concerns institutions harbored with the 100 percent increase to the salary threshold in 2016. It further explains that due to the pandemic-related workforce changes across colleges and universities, the DOL must hold stakeholder meetings with our community before issuing the anticipated overtime NPRM — as was done in 2004, 2014 to 2015, and 2019.

    CUPA-HR will keep members apprised of any actions taken by the DOL as it moves forward with the overtime rule.



    Source link

  • White House Announces Actions to Attract STEM Talent – CUPA-HR

    White House Announces Actions to Attract STEM Talent – CUPA-HR

    by CUPA-HR | February 7, 2022

    On January 21, President Biden announced several agency programs at the Department of State (DOS) and Department of Homeland Security (DHS) to help international STEM students and researchers access certain non-immigrant visas to allow them to study and work in the United States. The programs aim to admit and retain more international scholars to help advance STEM competitiveness in the U.S.

    Department of State

    The first announced program was DOS’s Early Career STEM Research Initiative. The initiative will facilitate engagement between J-1 visa recipients coming to the U.S. to participate in STEM research with host organizations, including businesses. Additionally, the department also announced new guidance to allow J-1 visa recipients in STEM fields to obtain up to 36 months of optional practical training. According to the announcement, the guidance will be applicable for exchange students in the 2021-2022 and 2022-2023 academic years, so long as the students meet certain academic training requirements.

    Department of Homeland Security

    Of significance, the president’s announcement also included a decision by DHS to add 22 new fields of study in the STEM Optional Practical Training (OPT) program through the Student and Exchange Visitor Program (SEVP). The program permits F-1 students earning bachelors, masters and doctorate degrees in certain STEM fields to remain in the United States for up to 36 months to complete OPT after earning their degrees. DHS issued a notice in the Federal Register announcing the specific fields of study added to the designated list of STEM fields.

    Additionally, the United States Customs and Immigration Services (USCIS) issued guidance “to clarify how USCIS evaluates evidence to determine eligibility for O-1A non-immigrants of extraordinary ability, with a focus on persons in science, technology, engineering or mathematics (STEM) fields, as well as how USCIS determines whether an O-1 beneficiary’s prospective work is within the beneficiary’s area of extraordinary ability or achievement.”

    CUPA-HR will keep members apprised of any further updates to these programs and any additional policies and guidance documents impacting student visas as released by President Biden and Congress.



    Source link

  • 4 Ways HR Pros Can Support DEI During Black History Month and Beyond – CUPA-HR

    4 Ways HR Pros Can Support DEI During Black History Month and Beyond – CUPA-HR

    by CUPA-HR | February 2, 2022

    “Black History Month is an opportunity to understand the stories of Black Americans as something more than a history of racism and strife. It’s a time to recognize their undeniable impact on our country and culture.” – BestColleges.com

    Since 1976, U.S. presidents have officially designated February as Black History Month. This month-long celebration of the historic contributions of the Black community is the legacy of historian and scholar Carter G. Woodson, who worked tirelessly to reform the way Black history is taught in schools.

    Today, higher ed institutions recognize and honor Black History Month in myriad ways, but the work required to create and sustain equality, an inclusive workplace culture and a sense of belonging on our campuses is ongoing.

    The CUPA-HR resources listed below provide insights and tools to help individuals and institutions build on their understanding of the issues and take action to bring about change. The current 21-Day Equity Habit Building Challenge, in particular, offers a one-of-a-kind opportunity to learn from institutions that are making meaningful strides in this work.

    • Participate in a 21-Day Challenge. The concept of the 21-day challenge was introduced several years ago by diversity expert Eddie Moore, Jr. to create greater understanding of the intersections of race, power, privilege, supremacy, oppression and equity. There are several challenges to choose from:
    • Watch the on-demand webinar, Measurements That Matter: Using HR Data to Advance DEI Goals. In this webinar, presenters from the USC Race and Equity Center shared their insights and strategies for increasing diversity in campus workforces. You’ll learn what types of data to collect, how to use that data to get a better sense of your institution’s workforce diversity gaps and how to provide equitable responses to any issues uncovered.
    • Add DEI resources to your toolbelt. Explore the Diversity, Equity and Inclusion Toolkit (CUPA-HR members-only resource). Here you’ll find resources, trainings, policies, forms and templates, and much more to help support your institution’s DEI efforts.
    • Watch the recording of the virtual town hall, Partners in Justice, We Will Not Be Silent! This discussion features voices from our higher ed HR community and explores what it means to move beyond existing DEI initiatives to create real systemic and cultural change at our colleges and universities.

    Throughout the month, take time to dive into one or more of these resources (individually or with a group) and explore new ways to take action now and throughout the year.



    Source link

  • Tips to Help HR Retain and Engage Talent – CUPA-HR

    Tips to Help HR Retain and Engage Talent – CUPA-HR

    by Jill Thompson | January 26, 2022

    In a recent members-only article from the winter issue of Higher Ed HR Magazine, Britni Elder, associate vice president for human resources and risk management at the University of Central Arkansas, shared tips and resources higher ed HR practitioners can tap into to get ahead of the resignation curve and not only hold onto employees, but keep them engaged and moving up within the institution.

    • Address employee discontentment at the manager level — Managers with poor people skills can lead to unhappy employees, and ultimately, more turnover within the institution. HR must ensure managers are equipped to manage their teams well and to help each team member reach their potential. This is a great opportunity for HR to partner with upper-level management to teach new managers the skills that will help them be the best leaders for their teams, not just managers.
    • Educate employees about total compensation — Oftentimes, employees leave for a bigger paycheck only to find that the base pay is better, but the benefits at the new job don’t compete with those of their previous job. When HR informs employees about total compensation (the tangible and intangible benefits offered by the employer), it enriches the employee decision-making process. They have the tools to really see when better pay is better pay, not just better base pay.
    • Prioritize well-being check-ins — Sometimes, employees are unhappy, and one way they think they can fix it is to change jobs. Unfortunately, the urge to change jobs may be only a deflection of deeper issues. HR can help in this area by keeping mental health resources and access to counseling opportunities in front of employees. Encourage managers to make time for intentional check-ins with direct reports.
    • Build a path for employees to reach their full potential — Focusing on what’s next for employees can open their eyes to the opportunities right in front of them rather than searching for something else outside the institution. HR should initiate conversations and ask employees about their career goals and construct a path to help them get there. Sometimes all it takes is a conversation to get things moving.

    Read the full members-only article: Four Areas HR Can Address to Boost Engagement and Retention.

    Resources for employee engagement and retention: 

    Employee Engagement Toolkit

    Stay Interviews Toolkit

    Compensation Programs/Plans Toolkit



    Source link

  • New Research Shows Women in the Leadership Pipeline in Higher Education Have Better Representation and Pay in Institutions With Female Presidents and Provosts – CUPA-HR

    New Research Shows Women in the Leadership Pipeline in Higher Education Have Better Representation and Pay in Institutions With Female Presidents and Provosts – CUPA-HR

    by CUPA-HR | January 24, 2022

    New research by CUPA-HR has found that U.S. colleges and universities with women presidents or provosts have higher representation of women in administrative, dean and faculty positions than institutions led by men. The study also found that colleges and universities with women presidents have higher pay for women in administrative positions than institutions led by men. These positions tend to be pipelines for the senior-most executive positions in higher ed, which underscores the significance of the findings.

    Women Administrators Pay and Representation in Institutions With Female Presidents

    Findings show that institutions with female presidents have a higher percentage of women in all administrative categories — senior institutional officers, institutional administrators and heads of divisions. Although female administrators are generally paid less than male administrators in the same positions regardless of the sex of the president, female senior institutional officers, institutional administrators, and heads of divisions are paid more equitably at institutions with a female president than at institutions with a male president.

    Female Deans and Faculty Pay and Representation in Institutions With Female Provosts

    Institutions with female provosts have a significantly higher representation of women in dean positions and in all faculty ranks. Provost sex does not have a strong or consistent impact on pay equity for deans and faculty; however, it is worth noting that better representation at higher faculty ranks and in dean positions has an impact on pay, as these positions make higher salaries.

    The representation of women drops with successive faculty ranks (from assistant to associate to full professor). These promotions represent the few times in a faculty member’s career when appreciable salary increases are granted. If women are not being promoted, they are not receiving these pay raises. In addition, those in dean positions are generally promoted from senior faculty ranks. Therefore, if women are not adequately represented in senior faculty, they will not have the same likelihood as men of being considered for a higher-paying dean position.

    To sum up the findings, higher ed institutions with female executives have better representation of women throughout their institutions in positions that: a) are paid higher salaries and b) serve as key points in the executive leadership pipeline. Jackie Bichsel, CUPA-HR’s director of research and co-author of the new report, noted that, “In an era where institutions are adapting to shifting workforce expectations, adjusting to continuous decreases in budgets, contemplating changes in enrollment, addressing challenges of recruitment and retention, and rethinking their mission, more openness to change and less tolerance of risk may be just what is needed to navigate this new landscape. Providing more (and more equitable) opportunities for women to advance within higher education seems an obvious path forward in this navigation.”

    Read the full report, Women in the Leadership Pipeline in Higher Education Have Better Representation and Pay in Institutions With Female Presidents and Provosts.



    Source link

  • Supreme Court Blocks OSHA Vaccine and Testing ETS and Upholds CMS Healthcare Worker Vaccine Mandate – CUPA-HR

    Supreme Court Blocks OSHA Vaccine and Testing ETS and Upholds CMS Healthcare Worker Vaccine Mandate – CUPA-HR

    by CUPA-HR | January 14, 2022

    On January 13, the U.S. Supreme Court blocked enforcement of the Occupational Safety and Health Administration (OSHA)’s Emergency Temporary Standard (ETS) that would mandate vaccines or testing requirements for employers with 100 or more employees, but reinstated enforcement of the Centers for Medicare and Medicaid Services (CMS)’s mandate that would require COVID-19 vaccinations for healthcare workers working at facilities that participate in Medicare and Medicaid.

    In December, the U.S. Court of Appeals for the 6th Circuit vacated the 5th Circuit Court’s nationwide emergency motion to stay the OSHA ETS, paving the way for OSHA to continue enforcement of the ETS vaccine and testing requirements. The decision led several business groups and Republican-led states to file emergency applications with the Supreme Court seeking to reinstate the stay. The Supreme Court heard oral arguments on the OSHA mandate on January 7, leading to the court’s decision to block the vaccine and testing mandate.

    Additionally, the Supreme Court heard oral arguments on the CMS healthcare worker mandate on January 7. They ultimately ruled in favor of allowing the CMS healthcare worker vaccine mandate to take effect while the mandate is being litigated in several U.S. district courts and circuit courts. The CMS mandate was previously stayed in 25 states after four lawsuits were filed against CMS in district courts in Missouri, Louisiana, Florida and Texas.

    Though not heard or ruled on by the Supreme Court, the federal contractor vaccine mandate, which requires all federal contractors to mandate COVID-19 vaccinations for their employees, remains stayed by the U.S. District Court for the Southern District of Georgia, which issued a nationwide preliminary injunction against the mandate on December 7. The Biden administration has appealed the decision to the 11th Circuit Court, which has since upheld the lower court’s injunction but has not yet ruled on the legal merits of the mandate. Litigation continues for this rule in the 11th Circuit Court.

    The Supreme Court’s decisions bring the rules back to the lower courts to continue litigation on their merits; however, the recent decisions do signal how the Supreme Court would likely rule on the merits of the cases if they are once again appealed to the higher court.

    CUPA-HR will continue to keep members apprised of any legal updates as they relate to the fate of the OSHA ETS, the CMS healthcare vaccine mandate, and the federal contractor vaccine mandate.



    Source link