Tag: December

  • December Cuts Close Out Brutal Year for Sector

    December Cuts Close Out Brutal Year for Sector

    The last month of 2025 brought more campus job cuts, capping off a tumultuous year for higher education.

    While December yielded roughly 300 reported job cuts across the sector, that total reflects only a fraction of the jobs lost in higher education in 2025. Inside Higher Ed tracked more than 9,000 job cuts and buyouts last year—which is undoubtedly an undercount due to unreported personnel actions.

    Rising operating costs and an uncertain federal policy environment drove cuts at even the wealthiest institutions last year as universities with multibillion-dollar endowments shed hundreds of jobs after President Donald Trump restricted federal research funds, sought to limit international student enrollment and clashed with multiple universities over alleged civil rights infractions. While many of December’s job cuts were not attributable to Trump, others seemed directly connected, including the loss of hundreds of international students at DePaul University, which undercut tuition revenues, prompting layoffs.

    Here’s a look at layoffs, buyouts and program cuts announced in December.

    DePaul University

    The private Catholic university in Chicago cut 114 staff jobs last month, officials announced.

    “These decisions were extraordinarily difficult and leaders across the university did not make them lightly. Each person affected contributed to the life of this university in meaningful ways,” officials wrote in a Dec. 15 message announcing the layoffs and assistance for employees, which included severance packages based on years of service, career counseling and more.

    Staffing reductions at DePaul are part of a broader effort to reduce spending by $27.4 million as the university grapples with a budget deficit and aims to achieve a 2.5 percent operating margin. DePaul has also been hit with a staggering loss of international students amid the Trump administration’s crackdown on immigration, which has made it harder for some foreign nationals to obtain visas and deterred others. International enrollment at DePaul plunged by 755 students compared to the previous fall, a decline of nearly 62 percent, officials said in September.

    University of Nebraska–Lincoln

    Regents voted last month to close four programs at the flagship campus following months of consternation over the plan, which will see dozens of faculty positions eliminated.

    Programs approved for closure are statistics, earth and atmospheric sciences, educational administration and textiles, merchandising and fashion design. The plan includes cutting 51 jobs, mostly from the faculty ranks, The Nebraska Examiner reported.

    Program closures and job cuts are expected to save the university almost $7 million.

    The December vote ended a bitter fight over the program cuts that prompted a faculty no-confidence vote in Chancellor Rodney Bennett. Faculty members have questioned the evaluation process and the timeline for the cuts; they also conducted their own financial assessment, which pushed back on the need for instructional cuts amid growing administrative expenses.

    Bennett, who championed the program cuts, announced Monday that he plans to resign by Jan. 12. His sudden resignation ends an almost three-year stint as head of the flagship.

    Martin University

    Indiana’s only predominantly Black institution terminated all employees last month, a sign that points to an almost certain closure, though the Board of Trustees has not yet made it official. The move came shortly after the private university announced it would “pause” operations.

    While the number of jobs lost is unclear, Martin—where enrollment has hovered around 200 students in recent years—employed 42 staff and faculty members in fall 2023, according to federal data.

    Interim president Felicia Brokaw reportedly told employees the university was laying them off because it could not afford to pay them, according to an audio recording obtained by Mirror Indy. Brokaw also told staff she did not know when they would be paid for work already performed.

    Martin officials have encouraged students to transfer elsewhere.

    Western Wyoming Community College

    Citing a need to balance its budget and avoid dipping into reserves, the community college in Rock Springs axed 33 jobs and reorganized 30 others, The Rocket Miner reported.

    Last month’s cuts included eight full-time faculty jobs.

    The newspaper reported that more layoffs could be on the horizon depending on what happens in the coming legislative session. State lawmakers are reportedly weighing a plan to cut property taxes by 25 percent (following a similar move last year), which would have a major effect on WWCC, given that its budget heavily relies on state appropriations and local property taxes.

    University of Kansas

    Nearly three dozen faculty members have opted to take buyouts offered by the public research university.

    In all, 34 tenured faculty members applied to participate in an early-retirement incentive program at KU, The Lawrence Journal-World reported. University officials announced the launch of the early-retirement program in October, citing budget challenges. KU is currently seeking $32 million in cost reductions by July 1, when the next fiscal year begins.

    Christian Brothers University

    The private Catholic university in Memphis, Tenn., is cutting 16 faculty jobs, a move Interim President Chris Englert said was “designed to balance our operating budget and position CBU for transformation as we work to meet the needs of today’s students and today’s workforce.”

    Englert announced the layoffs in a message to the campus community last month.

    University of Oklahoma

    The Oklahoma Board of Regents for Higher Education voted to eliminate 41 degree programs and suspend 21 others across the state system due to underenrollment, NPR affiliate KOSU reported.

    The flagship was hit the hardest, with 14 programs eliminated. No other state institution had more than three degree programs cut. Of the 14 at OU, eight were at the undergraduate level and six were graduate degrees. Cuts at OU include a mix of language programs—such as Arabic, Chinese, French and German—alongside geography, plant biology and others.

    New Jersey City University

    As part of a planned merger with nearby Kean University, the public institution is shedding nine degree programs alongside multiple minors and certifications, The Jersey City Times reported.

    Undergraduate programs to be discontinued at NJCU are business information systems, chemistry, philosophy, women’s and gender studies, and a music performance degree. Graduate programs on the chopping block are business information systems, criminal justice, educational psychology and a music performance degree. An internal memo obtained by the newspaper noted that many programs have similar offerings at Kean that will continue unabated.

    College of Idaho

    The liberal arts college in Caldwell is cutting three majors but adding six new programs, a change that will see 10 employees laid off, including five professors, Idaho Ed News reported.

    College officials said the eliminated majors—theater, communication arts and philosophy—were all underenrolled. New programs to be added are biochemistry, finance and criminology, at the undergraduate level, plus master’s degrees in data analytics, exercise science and accountancy.

    Boston University

    Facing a $30 million budget gap driven by low graduate enrollment numbers and other factors, the private university is offering buyouts to eligible faculty members, The Boston Globe reported.

    Buyouts mark the latest effort by the research university to constrain costs. In early 2025, officials announced BU was laying off 120 workers and closing 120 vacant positions.

    San Francisco State University

    The public university is rolling out an early-retirement program to help close a budget deficit, Golden Gate Express reported.

    SFSU officials announced the buyout program last month and reportedly expect between 60 and 75 faculty members to sign on. However, professors in some departments are not eligible, an exclusion officials told the news outlet was partly due to the need “to maintain business continuity.”

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  • Higher Education Inquirer : HELU’s Wall-to-Wall & Coast-to-Coast Report: December 2025

    Higher Education Inquirer : HELU’s Wall-to-Wall & Coast-to-Coast Report: December 2025

    To win the higher education system we want will require national, coordinated, multi-union organizing campaigns that build collective power across the sector. As one important step towards this broader goal, HELU is organizing a Northeast Regional Bargaining Summit in Amherst, MA on Jan 9-10, 2026.

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  • School Specialty LLC Announces Acquisition of Nasco Education U.S.

    School Specialty LLC Announces Acquisition of Nasco Education U.S.

    Greenville, Wis – December 8, 2025 – School Specialty®, a leading provider of learning environments, supplies and science curriculum to the preK-12 education market, today announced the acquisition of Nasco Education U.S., a trusted name in specialized, curated education solutions for K-12 schools. This strategic acquisition enhances School Specialty’s ability to serve its core customers by enhancing its value proposition to schools across the country.

    “We estimate that nearly two-thirds of Nasco Education U.S.’s customers are already School Specialty buyers,” said Ryan Bohr, CEO of School Specialty. “Like School Specialty, Nasco Education U.S. has been an industry fixture of supplying schools for decades. Combining our companies will bring procurement efficiencies to our customers and expand the scope of products available to them.”

    School Specialty has more than 60 years of leadership in transforming classrooms into future-ready learning spaces for preK-12 educational institutions, serving five in every six school districts nationwide and curating products from hundreds of trusted brands. Nasco Education U.S.  offers a broad selection of specialized products, including hands-on, activity-based resources that support instruction across subjects like science, math, and the arts. Both companies share a deep commitment to providing high-quality, relevant resources that empower teachers and students.

    Both organizations will operate independently for the near term.  School Specialty expects to integrate the businesses gradually to ensure a seamless experience for the longstanding customers of both organizations. 

    “Together, we will be able to provide even greater support, innovation, and value to schools nationwide, helping them deliver the best possible learning experiences for their students,” said Ryan Bohr, CEO of School Specialty.

    About School Specialty, LLC 

    With a 60-year legacy, School Specialty is a leading provider of comprehensive learning environment solutions for the pre-K12 education marketplace in the U.S. and Canada. This includes essential classroom supplies, furniture and design services, educational technology, sensory spaces featuring Snoezelen, science curriculum, learning resources, professional development, and more. School Specialty believes every student can flourish in an environment where they are engaged and inspired to learn and grow. In support of this vision to transform more than classrooms, the company applies its unmatched team of education strategists and designs, manufactures, and distributes a broad assortment of name-brand and proprietary products. For more information, go to SchoolSpecialty.com.

    About Nasco Education U.S.

    Nasco Education U.S. is a leading developer and distributor of instructional materials, offering a wide range of hands-on learning products for the preK-12 education market with 80+ years of experience. Nasco Education U.S. provides schools and educators with the educational materials needed to create impactful classroom experiences that enhance student engagement and academic performance. For more information, go to NascoEducation.com.

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  • December College Expert Newsletter | College Expert

    December College Expert Newsletter | College Expert

    Failure is not the opposite of success, but a deeply valuable learning experience. In this issue, we rethink what it means to “fail” and discuss how setbacks can make an even bigger impression on admissions officers than a spotless record. Other articles include:

    Focus on Majors: Psychology – A path for students fascinated with human behavior.
    Financial Matters – How tuition reciprocity can make out-of-state options more affordable.  
    Honors Colleges – Is an honors program worth it? Benefits often include preferential registration, small classes and honors housing options.

    Read the December issue.

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  • HR and the Courts — December 2024

    HR and the Courts — December 2024

    by CUPA-HR | December 10, 2024

    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.

    Terminated Professor May Pursue Title IX, Anti-Male Bias Claim as John Doe

    A former Boston University professor may anonymously pursue his Title IX claim that the university’s sexual harassment investigation leading to his termination was itself biased against males. The court noted that the use of pseudonyms is strongly disfavored in civil litigation. The judge nonetheless allowed it in this case for the following reasons: the plaintiff’s strong and realistic fear of reputational damage, the chilling effect that name disclosure could have on future litigants, the public interest in disclosing Doe’s identity does not appear significant, and the use of a pseudonym will not prejudice the university’s defense. The case will move forward without disclosure of the professor’s name (Doe v. Trustees of Boston University (2024 Bl 399572 D. Mass. No. 1:24-cv-10619, 11/6/24)).

    Division I Tennis Player Narrows Lawsuit Against NCAA Following Dismissal of Initial Complaint

    A Division I tennis player at the University of North Carolina at Chapel Hill has narrowed her class action complaint against the NCAA a month after her request for an injunction was denied. The federal judge did not view her claim as being ultimately successful because of its breadth. The plaintiff made it to the third round of the U.S. Open tennis tournament in 2021 and was entitled to $48,913 in prize money. NCAA rules allowed her to accept only $10,000 in prize money from all competitions that year. Accepting more would have jeopardized her ability to play on the women’s tennis team at UNC. She was also forced to forfeit other prize money she won in 2021.

    Her initial complaint sought to represent a class of all Division I student-athletes in all individual sports, including swimming and golf. Her amended complaint limits the class to Division I tennis players (Brantmeier v. NCAA (M.D. N.C. No. 1:24-cv-00238, 11/8/24)).

    Federal Court Dismisses Professor’s Claim That DEI Statement on University Application Screening Process Would Render His Application Futile

    A plaintiff’s claims that a university’s required DEI statement on its initial applicant screening process made his application futile or put him a disadvantage to other parties have been dismissed. A California federal trial court dismissed the claims for lack of standing, as the plaintiff professor never actually applied for the position in question. The court concluded that the professor, who had amended his complaint three times, did not include an actual allegation that he applied for the position.

    In dismissing the case against the University of California, Santa Cruz, the court concluded that the professor’s “futility” claim failed because he may well have passed the initial screening stage notwithstanding the DEI statement (Haltigan v. Drake (N.D. Cal. No. 5:23-cv-02437, 11/15/24)).

    House Committee on Education and the Workforce Investigating “Information Sharing Agreement” Between DOL and a Plaintiff’s Law Firm

    Republicans on the House Committee on Education and the Workforce have called upon the Department of Labor’s inspector general to investigate the DOL’s Employee Benefits Security Administration (EBSA) after it shared confidential material with a law firm suing a company that had been the target of a prior agency audit. The material was provided to the plaintiff’s law firm Cohen Milstein Sellars & Toll PLLC under a DOL “information sharing agreement” between the department’s division and the law firm.

    Common interest agreements are standard in litigation when two parties in active litigation share plaintiff or defense interest on the same side of the litigation. In this case, however, the DOL was not a party to the litigation nor had it filed a lawsuit against the defendant involved in this private litigation. The request to the DOL’s inspector general also asks how many other common interest agreements the EBSA has with other plaintiff law firms.

    Coach Denied Injunction Reinstating Him Following Alleged Use of Slur Involving Transgender Athletes

    A high school coach who filed a First Amendment lawsuit against his school district is denied a court-ordered injunction reinstating him while he litigates the propriety of his alleged statements. The coach claims his First Amendment rights were violated when he was terminated following his email critical of the school district’s position on transgender athletes. The school district defended, stating that he would have been terminated regardless of the email because another coach reported that he used a slur in referring to transgender athletes.

    In denying the coach’s request for an injunction, the court concluded that the plaintiff did not show irreparable harm that could not be compensated by monetary damages. The court ruled that the school district’s responsibility to ensure that all students feel safe and are not harassed outweighs the coach’s personal interests in this matter (Parks v. Lake Oswego School District (D. Or., No.3:24-cv-0119, 11/25/24)).



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  • The Fifteen: December 6, 2024

    The Fifteen: December 6, 2024

    Welcome back to The Fifteen, your source for the newest and emerging stories from around the world of higher education. Last week, we looked at cuts coming to universities at home and abroad. This week, however, we’re looking at emerging markets around the world, from India, China and even Uzbekistan. Enjoy this week’s articles.

    1. Among the many disasters awaiting American higher education in 2025 is the potential for a radical politicization of accreditation. Trump’s Vision for College Accreditation Could Shake Up the Sector process, (The Chronicle)
    2. The Colombian government’s financial problems are starting to affect higher education. Institutions may be required to offer free tuition without public funding, and the student loan agency, ICETEX, is in disarray. Coverage, promotion and free admission enter intensive care due to the country’s fiscal crisis, (El Observatorio de la Universidad Colombian)
    3. If you believe UNESCO statistics, Uzbekistan has now moved into third place overall among exporting student nations, behind only China and India. Uzbekistan is third-biggest source of foreign students, (University World News)
    4. China is once again expanding its Double First-Class initiative to support university research. In theory, it’s about expanding institutional inclusion and encouraging interdisciplinarity. I have my doubts about the latter. China expands successful world-class universities initiative, (University World News)
    5. An interesting piece from the Times Higher on the difficulties Australia is having in making its “New Columbo” plan for outbound student mobility meet its objectives.  Australian outward student mobility programme stuck in ice, (Times Higher Education)
    6. Also from Australia: the Tertiary Education Quality and Standards Agency has published an overview of how universities there are using Gen AI. Gen AI strategies for Australian higher education: Emerging practice, (TEQSA)
    7. Bryan Penprase has a piece on America’s “mega-universities.”  There are some interesting notions in here, particularly on how scale drives down cost, but comparisons with “mainstream” universities are difficult without accounting for fields of study offered and the kinds of students being catered to.  The Mega-Universities Disrupting Higher Education, (Forbes)
    8. Instead of asking international students to come to you, why don’t you go to them?  Demand remains strong for transnational Education in UK institutions, proving it can be done. Global appetite for UK TNE shows no sign of diminishing, (University World News)
    9. Asian universities are rising to meet the steady growth in demand for higher education, sometimes through partnerships with Western Institutions. Asia’s Universities Are Redefining Excellence In Higher Education, (Forbes)
    10. On a related note, market intelligence says that the higher education sector is projected to continue to grow into 2050. HolonIQ examines global trends shaping the future of work, (The PIE)
    11. The marketized education systems of Australia, Canada, the UK, and the US are all having a hard time coping with changing rules and student preferences, but a financial crunch is also on in more heavily subsidized systems like France, where one university President says that if the state does not come up with more money soon, (currently very low) tuition fees will need to increase 10x.  “Il faudrait multiplier les frais d’inscription par dix en 2025 si l’État ne fait rien” alerte la présidente de l’Université Paul-Valéry à Montpellier,” (Midi Libre)
    12. The EU is exploring the possibility of creating a “European degree” which would be recognized across Europe in the hopes of promoting mobility and collaboration through its “University Alliances” scheme, though some (us included) question the effect it would have. Ministers seek to reward alliances as EU degree talks go on, (University World News)
    13. Every year, the Higher Education Policy Institute (HEPI) in London ranks UK universities on the Social Mobility Index based on the “social distance” travelled by socio-economically disadvantaged graduates from each institution.  Here’s this year’s rankings: 2024 English Social Mobility Index, (HEPI)
    14. An opinion piece discusses concerns around quality assurance in universities and the Ghana Tertiary Education Commission’s history of relaxed standards. Is Ghana’s Higher Education System Failing Its Graduates? The Case for Stronger Standards and Industry-Relevant Training, (Modern Ghana)
    15. New research applies statistical modelling to the adoption of Natural Language Processing systems like ChatGPT for higher education students. Adoption of ChatGPT in Higher Education-Application of IDT Model, Testing and Validation, (IEEE Xplore)

    And, as it is December 6th, we ask our readers take a moment to remember:

    Geneviève Bergeron

    Hélène Colgan

    Nathalie Croteau

    Barbara Daigneault

    Anne-Marie Edward

    Maud Haviernick

    Maryse Laganière

    Maryse Leclair

    Anne-Marie Lemay

    Sonia Pelletier

    Michèle Richard

    Annie St-Arneault

    Annie Turcotte

    Barbara Klucznik-Widajewicz

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  • HESA’s AI Observatory: What’s new in higher education (December 1, 2024)

    HESA’s AI Observatory: What’s new in higher education (December 1, 2024)

    Good evening,

    In my last AI blog, I wrote about the recent launch of the Canadian AI Safety Institute, and other AISIs around the world. I also mentioned that I was looking forward to learn more about what would be discussed during the International Network for AI Safety meeting that would take place on November 20th-21st.

    Well, here’s the gist of it. Representatives from Australia, Canada, the European Commission, France, Japan, Kenya, the Republic of Korea, Singapore, the UK and the US gathered last week in San Francisco to “help drive technical alignment on AI safety research, testing and guidance”. They identified their first four areas of priority:

    • Research: We plan, together with the scientific community, to advance research on risks and capabilities of advanced AI systems as well as to share the most relevant results, as appropriate, from research that advances the science of AI safety.
    • Testing: We plan to work towards building common best practices for testing advanced AI systems. This work may include conducting joint testing exercises and sharing results from domestic evaluations, as appropriate.
    • Guidance: We plan to facilitate shared approaches such as interpreting tests of advanced systems, where appropriate.
    • Inclusion: We plan to actively engage countries, partners, and stakeholders in all regions of the world and at all levels of development by sharing information and technical tools in an accessible and collaborative manner, where appropriate. We hope, through these actions, to increase the capacity for a diverse range of actors to participate in the science and practice of AI safety. Through this Network, we are dedicated to collaborating broadly with partners to ensure that safe, secure, and trustworthy AI benefits all of humanity.

    Cool. I mean, of course these priority areas are all key to the work that needs to be done… But the network does not provide concrete details on how it actuallyplans to fulfill these priority areas. I guess now we’ll just have to wait and see what actually comes out of it all.

    On another note – earlier in the Fall, one of our readers asked us if we had any thoughts about how a win from the Conservatives in the next federal election could impact the future of AI in the country. While I unfortunately do not own a crystal ball, let me share a few preliminary thoughts. 

    In May 2024, the House of Commons released the Report of the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities regarding the Implications of Artificial Intelligence Technologies for the Canadian Labour Force.

    TL;DR, the recommendations of the Standing Committee notably include: to review federal labour legislation to protect diverse workers’ rights and privacy; to collaborate with provinces, territories and labour representatives to develop a framework to support ethical adoption of AI in workplaces; to invest in AI skills training; to offer financial support to SMEs and non-profits for AI adoption; to investigate ways to utilize AI to increase operational efficiency and productivity; and for Statistics Canada to monitor labour market impacts of AI over time.

    Honestly – these are quite respectable recommendations, that could lead to significant improvements around AI implementation if they were to be followed through. 

    Going back to the question about the Conservatives, then… The Standing Committee report includes a Dissenting Report from the Conservative Party, which states that the report “does not go sufficiently in depth in how the lack of action concerning these topics [regulations around privacy, the poor state of productivity and innovation and how AI can be used to boost efficiencies, etc.] creates challenges to our ability to manage AI’s impact on the Canadian workforce”. In short, it says do more – without giving any recommendation whatsoever about what that more should be.

    On the other side, we know that one of the reasons why Bill C-27 is stagnating is because of oppositions. The Conservatives notably accused the Liberal government of seeking to “censor the Internet” – the Conservatives are opposed to governmental influence (i.e., regulation) on what can or can’t be posted online. But we also know that one significant risk of the rise of AI is the growth of disinformation, deepfakes, and more. So… maybe a certain level of “quality control” or fact-checking would be a good thing? 

    All in all, it seems like Conservatives would in theory support a growing use of AI to fight against Canada’s productivity crisis and reduce red tape. In another post previously this year, Alex has also already talked about what a Poilievre Government science policy could look like, and we both agree that the Conservatives at least appear to be committed to investing in technology. However, how they would plan to regulate the tech to ensure ethical use remains to be seen. If you have any more thoughts on that, though, I’d love to hear them. Leave a comment or send me a quick email!

    And if you want to continue discussing Canada’s role in the future of AI, make sure to register to HESA’s AI-CADEMY so you do not miss our panel “Canada’s Policy Response to AI”, where we’ll have the pleasure of welcoming Rajan Sawhney, Minister of Advanced Education (Government of Alberta), Mark Schaan, Deputy Secretary to the Cabinet on AI (Government of Canada), and Elissa Strome, Executive Director of the Pan-Canadian AI Strategy (CIFAR), and where we’ll discuss all things along the lines of what should governments’ role be in shaping the development of AI?.

    Enjoy the rest of your week-end, all!

    – Sandrine Desforges, Research Associate

    [email protected] 

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  • Bridging 2023 and 2024: Key U.S. Immigration Updates From December – CUPA-HR

    Bridging 2023 and 2024: Key U.S. Immigration Updates From December – CUPA-HR

    by CUPA-HR | January 11, 2024

    December was a busy month for immigration-related developments, with several important updates that have implications for the higher education sector. In this post, we provide highlights of the actions that took place last month.

    CUPA-HR Joins Comments to DHS on H-1B Modernization NPRM

    On December 22, 2023, CUPA-HR and 19 other higher education associations joined comments led by the American Council on Education (ACE) in response to the Department of Homeland Security’s (DHS) H-1B Modernization Proposal. Additionally, CUPA-HR joined 73 organizations from the higher education, state and local economic development, business, science, and policy sectors to submit a comment in response to the H-1B Notice of Proposed Rulemaking’s (NPRM) proposed definition for specialty occupations.

    The ACE-led letter expresses support for several of the proposed changes. These include the change to a beneficiary-centric lottery system, codifying DHS policy of deference to prior adjudications of Form I-129 petitions, clarifying the term “normally” in specialty occupation criteria, and implementing an automatic extension for CAP-GAP. (CAP-GAP is the time between the official end-date of an F-1 student visa and the start date of the H-1B visa). However, the letter also expresses concerns about proposed changes to the definition of a “specialty occupation” and “specific specialty requirement” in the H-1B visa program. The concerns highlight the potential limitation on the ability to attract diverse candidates for faculty positions and the narrowing pipeline for growth in high-technology fields, which could deter foreign students and hinder research and innovation in the United States. The letter calls for a reconsideration of these proposed changes to ensure that H-1B visa regulations align with the evolving dynamics of professional education and the modern workforce.

    In the multi-sector comment letter, CUPA-HR joined voices to address concerns over the H-1B NPRM’s proposed redefinition of “specialty occupations.” This diverse coalition raised issues about the potential negative impacts of these changes on interdisciplinary hiring, particularly in emerging science and technology fields. They argued that the new requirements, like the need for a degree to be “directly related” to job duties, could limit U.S. competitiveness in global innovation and create challenges for employers.

    Now that the comment period has concluded, the DHS will begin the process of reviewing the feedback received. As the department moves toward finalizing the proposals within this rulemaking, they may issue one or more final rules, depending on the availability of agency resources. CUPA-HR will continue to closely monitor these developments and keep its members informed of all significant updates and outcomes.

    State Department Announces Extension and Expansion of the Nonimmigrant Visa Interview Waiver Program

    On December 21, 2023, the Department of State (DOS) determined that, in consultation with DHS, certain categories of interview waivers are in the national interest. As a result, consular officers will continue to have the authority and discretion to waive an in-person interview for certain categories of nonimmigrant visa cases, with some changes made by DOS.

    This update includes the following key changes.

    • First-time H-2 Visa Applicants: Temporary agricultural and non-agricultural workers applying for H-2 visas are now eligible for an interview waiver.
    • Extended Eligibility for Other Visa Applicants: The waiver also applies to applicants for any nonimmigrant visa classification who have previously been issued a visa other than a B visa and are reapplying within 48 months of their last visa’s expiration.
    • Renewal Policy Unchanged: Applicants renewing their nonimmigrant visa in the same classification within 48 months of the prior visa’s expiration date continue to be eligible for the interview waiver.

    The department’s previous interview waiver eligibility criteria were set to expire on December 31, 2023. Not only has the program been extended as of January 1, but it now also includes more nonimmigrant categories. Notably, the current guidance is intended to remain in place indefinitely, as no expiration date has been specified.

    DOL Issues Request for Information on PERM Schedule A Revisions

    On December 21, 2023, in alignment with President Biden’s Executive Order 14110 on Artificial Intelligence, the Department of Labor’s (DOL) Employment and Training Administration (ETA) issued a Request for Information (RFI) that aims to gather public feedback on potential updates to Schedule A job classifications that exempt certain roles from the standard labor certification requirements. Specifically, the DOL is exploring the inclusion of AI, other STEM-related occupations, and additional fields where there is a notable shortage of qualified U.S. workers.

    According to the Immigration and Nationality Act’s labor certification provisions, employers are obligated to demonstrate that there are insufficient U.S. workers available and that hiring foreign nationals will not adversely affect the wages and working conditions of similar U.S. roles. This process is managed through the Program Electronic Review Management (PERM) system by the ETA. Employers seeking labor certification for prospective permanent immigrant workers must navigate a complex and time-consuming process, often extending the immigration timeline.

    Schedule A, established by the DOL in the mid-1960s, pre-certifies occupations experiencing national labor shortages, thereby waiving the labor certification requirement for these roles. Currently, Schedule A is divided into two groups: Group I comprises physical therapists and professional nurses, and Group II includes occupations that require exceptional ability in the sciences, arts, or performing arts. With this RFI, the DOL aims to critically examine and potentially broaden Schedule A’s scope, a move that could accelerate the hiring of essential foreign talent by aligning with evolving labor market demands and streamlining the employment authorization process.

    Key areas where the department seeks input include the following.

    1. Identifying Labor Shortages in STEM: The department invites suggestions on the most appropriate data sources and methods to ascertain whether there are labor shortages in STEM occupations. They are interested in understanding if Schedule A should be utilized to mitigate these shortages and how to develop a reliable, objective, and transparent method to identify STEM occupations facing labor shortages.
    2. Scope of STEM Occupations: There’s a need for input on whether the examination of STEM occupations should be limited to those outlined in the Occupational Employment and Wage Statistics and recent Bureau of Labor Statistics publications, or whether it should be broadened to include additional occupations, particularly those covering Skilled Technical Work occupations.
    3. Inclusion of Non-STEM Occupations: The department is also open to suggestions on whether non-STEM occupations facing worker shortages should be added to Schedule A. Input is sought on how to determine such shortages and ensure that the employment of foreign workers in these roles does not negatively impact U.S. workers.

    Comments in response to the RFI are due on February 20, 2024.

    U.S. Department of State Announces Pilot Program for Domestic Renewal of H-1B Visas

    On December 21, 2023, DOS announced a pilot program to resume domestic visa renewal for H-1B nonimmigrant visa applicants who meet certain requirements. It offers eligible H-1B visa holders the chance to renew their visas within the U.S., bypassing the need for an in-person interview at a consulate or embassy. DOS will start accepting online applications for the H-1B visa renewal pilot program on January 29, 2024.

    Eligibility for the U.S. Department of State’s H-1B visa renewal pilot program is defined by a set of specific criteria:

    • Visa Classification and Issuance: The program is strictly for those looking to renew an H-1B visa. Eligible visas must have been issued by Mission Canada (from January 1, 2020, to April 1, 2023) or Mission India (from February 1, 2021, to September 30, 2021).
    • Fee and Interview Requirements: Applicants should not be subject to a nonimmigrant visa issuance fee, often referred to as a “reciprocity fee,” and must be eligible for a waiver of the in-person interview.
    • Biometric and Visa Status: Participants must have previously submitted ten fingerprints for a visa application, and their prior visa should not include a “clearance received” annotation. Additionally, they must not have any visa ineligibilities requiring a waiver.
    • Petition and Status Maintenance: It’s essential that applicants have an approved, unexpired H-1B petition, are currently maintaining H-1B status in the U.S., and their period of authorized admission in this status has not expired.
    • Travel and Reentry Intent: Applicants must have been last admitted to the U.S. in H-1B status and intend to reenter the U.S. in the same status after temporary travel abroad.

    Background and Objectives. The pilot is a response to the discontinuation of domestic non-diplomatic visa renewals in 2004 due to the requirement for biometric identifiers. With advancements in technology, the DOS is now looking to assess its capacity to handle domestic renewals and reduce global visa application backlogs. This pilot is particularly aimed at alleviating uncertainties for U.S. companies employing temporary H-1B workers.

    Application Process:

    • Application Portal: U.S. Visa Employment Domestic Renewal.
    • Slot Allocation: Approximately 4,000 slots will be available weekly, split between applicants with visas issued by Mission Canada and Mission India.
    • Application Dates: January 29, February 5, 12, 19, and 26. The portal will close temporarily once weekly caps are reached.
    • Application Window: The program will close on April 1, 2024, or when all slots are filled, whichever is earlier.

    Currently, the program excludes categories like H-4 visas. The DOS plans to extend the program to more visa types in the future, but for now, it’s limited to H-1B principal applicants meeting the specified criteria.



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  • December Policy Roundup: Paid Leave Policy, Pregnant Workers Fairness Act Regulations, and Workforce Development Initiatives – CUPA-HR

    December Policy Roundup: Paid Leave Policy, Pregnant Workers Fairness Act Regulations, and Workforce Development Initiatives – CUPA-HR

    by CUPA-HR | January 10, 2024

    Through December and into the new calendar year, federal government leaders kept busy with Congressional hearings and markups, new legislation, and proposed and final rules focusing on issues that may be of significance to higher education HR professionals. CUPA-HR tracked several actions from both Congress and federal agencies on issues including paid family leave, short-term Pell Grants, the Pregnant Workers Fairness Act, and workforce development.

    House Education and Workforce Committee Markup

    On December 12, 2023, the House Committee on Education and the Workforce held a full committee markup on H.R. 6585, the Bipartisan Workforce Pell Act, and H.R. 6655, A Stronger Workforce for America Act.

    The Bipartisan Workforce Pell Act aims to amend the Higher Education Act of 1965, allowing students to use Pell Grants for eight-week or longer educational programs. This bill also establishes quality control measures for Pell initiatives, enabling higher education institutions to participate if they meet specific criteria. The committee voted to move the legislation out of committee with 37 members voting in favor and 8 members voting against the bill.

    The next bill, A Stronger Workforce for America Act, seeks to renew and enhance the Workforce Innovation and Opportunity Act (WIOA). Originally established in 2014, WIOA has been extended through yearly appropriations since fiscal year 2021. The bill incorporates multiple measures to modernize WIOA, bolstering the country’s workforce development to better equip and retain workers. The bill passed through the committee with bipartisan support; 44 members voted in favor of and only one member voted against it.

    Paid Leave Request for Information

    On December 13, the Congressional Bipartisan Paid Family Leave Working Group published a Request for Information (RFI) for diverse stakeholder input to aid in the expansion of access to paid parental, caregiving, and personal medical leave nationwide. The members encouraged interested stakeholders to submit letters that answer these ten questions on the role the federal government can play in creating a national paid leave program.

    Responses must be submitted by January 31, 2024, and can be directed to [email protected], [email protected], [email protected], and [email protected]. CUPA-HR will continue to track developments and intends to collaborate with associate organizations to submit feedback on an as-needed basis.

    National Apprenticeship System Enhancement Proposed Rule

    On December 14, the Department of Labor (DOL) unveiled a proposed rule to modernize the regulations for Registered Apprenticeship programs. The 779-page proposal focuses on provisions to create “safeguards for apprentices to ensure that they have healthy and safe working and learning environments as well as just and equitable opportunities throughout their participation in a registered apprenticeship program,” while also creating baseline requirements for career and technical education apprenticeships, which would target high school and postsecondary students to programs that align more closely with programs found at institutions of higher education.

    DOL is providing a 60-day comment period for the proposed rule, which will commence once the regulation is posted in the Federal Register. CUPA-HR is analyzing the rule and will coordinate with other higher education associations as needed to file comments.

    Federal Transit Authority General Directive on Assaults on Transit Workers

    On December 20, the Department of Transportation (DOT)’s Federal Transit Administration (FTA) proposed a General Directive to address the ongoing national safety risk concerning assaults on transit workers. Transit agencies falling under FTA’s Public Transportation Agency Safety Plans directive would be instructed to conduct safety risk assessments, identify mitigation strategies, and report discoveries to FTA. Per the Bipartisan Infrastructure Law, transit agencies operating in urban areas must collaborate with the joint labor-management safety committees to reduce safety hazards.

    The deadline for submitting comments in the Federal Register is February 20, 2024, but late submissions may be considered. CUPA-HR is working with members and other higher education associations to determine the impact that this directive may have on transportation and HR services at institutions of higher education.

    Regulations to Implement the Pregnant Workers Fairness Act

    On December 27, the Equal Employment Opportunity Commission (EEOC) sent its final rule to implement the Pregnant Workers Fairness Act (PWFA) to the Office of Information and Regulatory Affairs (OIRA) for review prior to its publication in the Federal Register. The final rule will likely look very similar to the proposed rule that was issued in August 2023, which provides a framework for how the EEOC plans to enforce protections granted to pregnant workers under the PWFA.

    The EEOC was tasked by law with finalizing regulations to implement the PWFA by December 29, 2023. Given the missed deadline, OIRA may move quickly on its review of the regulations, and we could see the final rule published sometime between late January and late February. CUPA-HR is continuing to monitor for any updates and will keep members apprised of any new details that may arise in the final rule.



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  • HR and the Courts — December 2023 – CUPA-HR

    HR and the Courts — December 2023 – CUPA-HR

    by CUPA-HR | December 12, 2023

    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.

    University of California May Test Federal Ban on Hiring Undocumented Workers

    The University of California may be the first public institution to challenge whether the 1986 Immigration Reform and Control Act (IRCA) applies to state entities, including public colleges and universities. The IRCA prohibits U. S. employers from hiring undocumented workers.

    On November 20, 2023, the University of California postponed plans to go forward with a self-imposed deadline of November 30, 2023, to initiate a plan to hire undocumented workers. The university has decided to study the issue further before deciding on a specific course of action. The Supreme Court has dealt with the constitutionality of federal regulation of state employers on multiple occasions in the past, having come down on both sides of the issue. We will follow developments in this area as they unfold.

    Texas Community College Wins Suit Brought by Professor Who Commented on Race and COVID-19 Policies

    Collin College in Texas prevailed in partial summary judgement against a former professor who sued alleging First Amendment free speech retaliation in the non-renewal of his teaching contract. He claimed his contract was terminated because of his outspoken views as a private citizen on public issues including race relations in Dallas, Confederate monuments and his criticism of the college’s COVID-19 policies.

    The court granted part of the college’s motion to dismiss because the college’s policies were not facially unconstitutional. However, the federal court denied each side’s motions for summary judgement on the professor’s claims that the college’s policies were overboard in their restriction of his speech, holding that the issue should be reserved for decision until factual questions are resolved (Phillips v. Collin Community College District (E.D. Tex. No. 22-cv-00184, 11/4/23)).

    Law Professor Sues Northwestern University, Claiming Age Discrimination

    A 78-year-old law professor has sued his university employer claiming age-based salary discrimination. The professor, who is tenured and taught at the law school for 42 years, claims he has been consistently paid substantially less than “significantly younger, less experienced and less tenured” comparators (Postlewaite v. Northwestern University (N.D. Ill. No 1:23-cv-15729, Comp filed 11/7/23)).

    The professor claims to be “a preeminent scholar” in the field of tax law and started his law school’s lucrative Master of Laws in Taxation program, which he claims has been the school’s “highest ranked specialty department” for 17 of the last 19 years. The professor alleges that he has been awarded lower base-salary increases than his younger counterparts. He further alleges that for the academic year 2022-23, his salary was $7,000 less than the 50th percentile and $55,000 less than the 75th percentile, even though those percentiles equated to 20 and 32 years, respectively, of total teaching while he has completed 49 years of total legal academic teaching.

    The lawsuit was filed in federal court and alleges violation of the federal Age Discrimination in Employment Act and the Illinois Human Rights Act.

    Supreme Court Declines to Review Decision on UPS Driver’s Disability Accommodation

    The Supreme Court declined to review a 4th U.S. Circuit Court of Appeals case in which the 4th Circuit upheld the dismissal of a driver’s disability accommodation request. The driver requested that he be allowed to drive a smaller truck with softer suspension to accommodate his hip and back bursitis disability, which caused him severe pain (Hannah v. United Parcel Service (Case No. 23-264 US Sup Ct, cert den. 11/6/23)).

    The 4th Circuit decision, which the Supreme Court let stand, concluded that the employee’s request for an accommodation was not reasonable because the request altered the “essential elements” of the employee’s job. The court concluded that if the driver was given the accommodation to drive a smaller truck, he would not be able to complete the daily work load requirement of his existing driver position.

    Tesla Allowed to Ban Union Shirts

    The 5th U.S. Circuit Court of Appeals overturned an NLRB decision holding that Tesla violated the NLRA when it required its production employees to wear black Tesla-monogrammed uniform work shirts and did not allow production workers to wear black union-insignia work shirts. The decision of the three-judge panel was unanimous in overturning the NLRB ruling against Tesla (Tesla v. NLRB (5th Cir. No. 22-60493 11/14/23)).

    While Tesla had banned the wearing of union-insignia work shirts, it allowed production employees to wear Tesla-insignia work shirts with a union insignia pinned on the shirt. Tesla had argued unsuccessfully to the NLRB that its rule was necessary to prevent damage to cars and to help supervisors distinguish between production employees and other employees at the company’s California facility. The Court of Appeals decision allows Tesla to continue to enforce its prior policy requiring Tesla-insignia work shirts, with the employee’s option of pinning on a union insignia.

    Appeals Court Affirms Dismissal of Gymnastic Coach’s Wrongful Termination and Defamation Lawsuits

    A Pennsylvania state appellate court affirmed a trial court dismissal of a former Pennsylvania State University gymnastic coach’s lawsuit. The former coach alleged defamation and violation of his employment contract when the university terminated his contract after investigating allegations that he created a hostile environment for gymnasts. The three-judge appellate panel adopted the decision of the trial court judge, concluding that the university had good cause for firing the coach and that the athletic director’s statement about prior accusations against him had not been defamatory (Thompson v. Pennsylvania State University (Case no. 1460 MDA 2022, 11/28/23)).

    The appeals court ruled that the gymnastic coach’s high profile in collegiate sports made him a limited public figure and that the university’s reaction to allegations of mistreatment of athletes were matters of public concern. That meant that the plaintiff must show “actual malice” in order to prove defamation in these circumstances. The appellate court concluded that the university’s actions did not rise to the level of “actual malice.”



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