Tag: Increase

  • DHS to Temporarily Increase the Automatic Extension Period of Work Permits for Certain Visa Applicants – CUPA-HR

    DHS to Temporarily Increase the Automatic Extension Period of Work Permits for Certain Visa Applicants – CUPA-HR

    by CUPA-HR | May 4, 2022

    Effective May 4, U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) to increase the automatic extension period of expiring employment authorization documents (EADs) for certain renewal applicants from 180 days to 540 days.

    Specifically, the TFR applies to three groups of applicants in EAD categories currently eligible for the previous 180-day automatic extension of employment authorization and EAD validity. They are as follows:

    • Renewal applicants whose renewal Form I-765 application remains pending as of May 4, 2022, and whose EAD has not expired or whose current 180-day auto-extension has not yet lapsed.
    • New renewal applicants who file Form I-765 during the 18-month period following the rule’s publication to avoid a future gap in employment authorization and/or documentation.
    • Renewal applicants with a pending EAD renewal application whose 180-day automatic extension has lapsed and whose EAD has expired will be granted an additional period of employment authorization and EAD validity beginning on May 4, 2022, and lasting up to 540 days from the expiration date of their EAD.

    Categories that are eligible for the lengthened automatic extension can be found here and include refugees and asylees (a3 and a5), spouses of certain H-1B principal non-immigrants with an unexpired I-94 showing H-4 non-immigrant status (c26), and adjustment of status applicants (c9), among others.

    The TFR is part of a trio of efforts USCIS announced on March 29, 2022, to address the agency’s major backlogs and crisis-level processing delays. According to USCIS Director Ur M. Jaddou, “as USCIS works to address pending EAD caseloads, the agency has determined that the current 180-day automatic extension for employment authorization is currently insufficient,” and this temporary rule is necessary to “provide those non-citizens otherwise eligible for the automatic extension an opportunity to maintain employment and provide critical support for their families, while avoiding further disruption for U.S. employers.”

    CUPA-HR will continue to monitor the implementation of the new auto-extension period and keep members apprised of further developments.



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  • 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



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  • DOL Issues Final Rule to Increase Federal Contractor Minimum Wage – CUPA-HR

    DOL Issues Final Rule to Increase Federal Contractor Minimum Wage – CUPA-HR

    by CUPA-HR | December 13, 2021

    On November 24, the Department of Labor (DOL)’s Wage and Hour Division (WHD) issued a final rule implementing President Biden’s Executive Order 14026 (EO), “Increasing the Minimum Wage for Federal Contractors.” The rule increases the minimum wage for federal government contractors for workers who work on or in connection with a covered federal contract to $15 per hour beginning January 30, 2022, and requires the secretary of labor to annually review and determine the minimum wage amount beginning January 1, 2023.

    As stated above, the final rule establishes standards and procedures for implementing and enforcing the minimum wage protections of Executive Order 14026. Starting January 30, 2022, all agencies will need to include a $15 minimum wage in new contracts, new solicitations, extensions or renewals of an existing contract, and exercises of an option on an existing contract. Under the EO and final rule, contracts with solicitations issued before January 30, 2022, and entered into, on or between January 30 and March 30, 2022 will be exempt from the wage. If such a contract is subsequently extended or renewed or an option is exercised under the contract, the $15 minimum wage will apply.

    Covered Contracts

    According to the EO and as finalized in the rule, the $15 minimum wage requirement only applies to the following contracts:

    • Procurement contracts for services or construction;
    • Contracts for services covered by the Service Contract Act (SCA);
    • Contracts for concessions; and
    • Contracts “entered into with the Federal Government in connection with Federal property or lands and related to offering services for Federal employees, their dependents, or the general public.”

    The new minimum wage clause will NOT need to be included in:

    • Federal grants;
    • Contracts or agreements with Indian Tribes under the Indian Self-Determination and Education Assistance Act;
    • Procurement contracts for construction that are excluded from coverage of the Davis-Bacon Act (DBA);
    • Contracts for services that are exempt from coverage under the SCA; and
    • Contracts for the manufacturing of materials, supplies, articles or equipment to the Federal Government.

    Covered Workers

    The WHD defines a covered worker in the final rule as “any person engaged in performing work on or in connection with a contract covered by the EO, and whose wages under such contract are governed by the [Fair Labor Standards Act (FLSA)], the SCA or the DBA, regardless of the contractual relationship alleged to exist between the individual and the employer.” A worker who performs “on” a covered contract is defined as “any worker who directly performs the specific services called for by the contract’s terms,” and a worker who performs “in connection with” a covered contract is defined as “any worker who performs work activities that, although are not the specific services called for by the contract’s terms, are necessary to the performance of those specific services.”

    One exemption to the rule’s minimum wage requirement is provided for FLSA-covered workers performing work “in connection with” covered contracts for less than 20 percent of their working hours in a given workweek.

    The final rule also clarifies that certain employees who are exempt from the minimum wage protections under the FLSA are also not entitled to the $15 minimum wage protection of the EO and final rule. In an FAQ page on the EO and final rule, the WHD provides “learners, apprentices, messengers and full-time students employed under certificates pursuant to FLSA sections 14(a) and (b)” as examples of individuals who are excluded from the EO’s minimum wage requirements.

    Additional Considerations

    As mentioned above, the secretary of labor will be granted authority to annually review and increase the minimum wage beginning January 1, 2023. The minimum wage will be increased by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers to address inflation.

    Additionally, the EO and final rule change compensation for tipped employees working on or in connection with a covered contract. Beginning January 30, 2022, such tipped employees must be paid a wage of at least $10.50 per hour. By January 1, 2024, the tip credit must be eliminated for such employees, and they must earn the same minimum hourly rate that other covered employees are entitled to.

    CUPA-HR will keep members apprised of any updates and resources to aid institutions as the new minimum wage final rule becomes effective.



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

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

    by CUPA-HR | October 26, 2021

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

    As originally written, the PUMP for Nursing Mothers Act amends the Fair Labor Standards Act (FLSA) to expand access to breastfeeding accommodations in the workplace for lactating employees. The bill builds upon existing protections in the 2010 Breaktime for Nursing Mothers Act by broadening breastfeeding accommodations and workplace protections to include salaried employees exempt from overtime pay requirements under the FLSA as well as other categories of employees currently exempt from such protections, such as teachers, nurses and farmworkers. It also clarifies that break time provided under this bill is considered compensable hours worked so long as the worker is not completely relieved of duty during such breaks, and it ensures remedies for nursing mothers for employer violations of the bill.

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

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

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

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



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