Tag: Labor

  • “Are Working Class Voters Done with Democrats?” (CUNY School of Labor and Urban Stidies)

    “Are Working Class Voters Done with Democrats?” (CUNY School of Labor and Urban Stidies)

    What’s at Stake for Labor:

    Project 2025 and the Department of Government Efficiency 

     

     

    Wednesday, February 5

    7:00pm – 8:30pm

     

    Virtual event via Zoom webinar. 

     

    Register:  

    slucuny.swoogo.com/5February2025

     

    

    Featured Speakers: 

    James Goodwin – Policy Director, Center for Progressive Reform

    Diana Reddy – Assistant Professor, UC Berkeley Law

    Arjun Singh – Senior Podcast Producer, The Lever

    Moderated by Samir Sonti – Assistant Professor, CUNY School of Labor and Urban Studies.

     

    What are the real costs to bear on workers–especially civil service and public sector workers – with Project 2025 and the establishment of Trump’s Department of Government Efficiency? What strategies can labor employ to counter this attack on working people and unions? How can looking back at previous far right policy projects help prepare us in our fight to protect workers? Join us to hear from law & policy experts and journalists as they discuss these urgent questions.

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  • Frances Perkins, Secretary if Labor (Friday’s Labor Folklore)

    Frances Perkins, Secretary if Labor (Friday’s Labor Folklore)

    Sources from which I summarized, paraphrased or quoted directly:

    Wikipedia, “President Biden designates Frances Perkins homestead as new national monument,” press release, 12/16/2022; Executive Order 14121, Section 3a report, Dec. 2024; Hall of Secretaries, U. S. Dept. of Labor.

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  • Department of Labor Publishes AI Framework for Hiring Practices

    Department of Labor Publishes AI Framework for Hiring Practices

    by CUPA-HR | October 16, 2024

    On September 24, the Department of Labor (DOL), along with the Partnership on Employment & Accessible Technology (PEAT), published the AI & Inclusive Hiring Framework. The framework is intended to be a tool to support the inclusive use of artificial intelligence in employers’ hiring technology, specifically for job seekers with disabilities.

    According to DOL, the framework was created in support of the Biden administration’s Executive Order on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence. Issued in October 2023, the executive order directed the Secretary of Labor, along with other federal agency officials, to issue guidance and regulations to address the use and deployment of AI and other technologies in several policy areas. Notably, it also directed DOL to publish principles and best practices for employers to help mitigate harmful impacts and maximize potential benefits of AI as it relates to employees’ well-being.

    The new AI Framework includes 10 focus areas that cover issues impacting the recruitment and hiring of people with disabilities and contain information on maximizing the benefit of using and managing the risks associated with assessing, acquiring and employing AI hiring technology.

    The 10 focus areas are:

    1. Identify Employment and Accessibility Legal Requirements
    2. Establish Roles, Responsibilities and Training
    3. Inventory and Classify the Technology
    4. Work with Responsible AI Vendors
    5. Assess Possible Positive and Negative Impacts
    6. Provide Accommodations
    7. Use Explainable AI and Provide Notices
    8. Ensure Effective Human Oversight
    9. Manage Incidents and Appeals
    10. Monitor Regularly

    Under each focus area, DOL and PEAT provide key practices and considerations for employers to implement as they work through the AI framework. It is important to note, however, that the framework does not have force of law and that employers do not need to implement every practice or goal for every focus area at once. The goal of the framework is to lead employers to inclusive practices involving AI technology over time.

    DOL encourages HR personnel — along with hiring managers, DEIA practitioners, and others — to familiarize themselves with the framework. CUPA-HR will keep members apprised of any future updates relating to the use of AI in hiring practices and technology.



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  • Department of Labor Sends Overtime Rule to OIRA for Review – CUPA-HR

    Department of Labor Sends Overtime Rule to OIRA for Review – CUPA-HR

    by CUPA-HR | March 4, 2024

    On March 1, the Department of Labor (DOL)’s Wage and Hour Division (WHD) sent the highly anticipated final rule to update Fair Labor Standards Act (FLSA) overtime regulations to the Office of Information and Regulatory Affairs (OIRA) for review. This is a required step in the regulatory process and acts as one of the last steps prior to releasing the text of the regulation to the public.

    OIRA, as part of the president’s Office of Management and Budget, is required to review all proposed and final rules, as well as all regulatory actions, before implementation. While OIRA has 90 days to conduct its review, in most cases, the review takes 30 to 60 days. This means the final rule could be released as early as the end of March or in April, which would meet WHD’s April 2024 target date for release as indicated in the Fall 2023 Regulatory Agenda.

    WHD issued the proposed rule to increase the minimum salary threshold under the FLSA overtime regulations in September 2023. In the proposed rule, WHD sought to increase the salary threshold from its current level of $35,568 annually to $60,209 — a nearly 70% increase.* The proposed rule also sought to implement automatic updates to the salary threshold that would occur every three years and would tie the updated salary threshold to the 35th percentile of weekly earnings of full-time salaried workers in the lowest-wage census region. Notably, the proposed rule did not include any changes to the duties requirements of the FLSA overtime regulations.

    Comments in response to the proposed rule were due in November 2023. WHD received over 33,000 comments in response to the proposed rule. CUPA-HR, joined by 49 other higher education associations, submitted comments, which made the following recommendations:

    1. DOL should not update the salary threshold at this time.
    2. DOL should lower the proposed minimum salary threshold and account for room and board.
    3. DOL should not implement automatic updates to the salary threshold.
    4. DOL should extend the effective date of any final rule implementing a higher salary threshold.

    The text of the final rule is not public until the rule is published in the Federal Register, so details of the finalized salary threshold and the timeframe for compliance are unknown at this time. While the rule is at OIRA, however, interested stakeholders can request a meeting with the administrator to discuss the proposed changes. CUPA-HR will request a meeting with OIRA to discuss our concerns with the proposed rule.

    CUPA-HR will continue to keep members apprised of all updates as it relates to the FLSA overtime final rule.

     

    * The discrepancy between our figure of $60,209 and the DOL’s preamble figure of $55,068 arises from DOL’s own projections based on anticipated wage growth. The DOL’s proposed rule is rooted in 2022 data (yielding the $55,068 figure), but a footnote in the Notice of Proposed Rulemaking confirms that the salary threshold will definitely change by the time the final rule is issued to reflect the most recent data. Our comments, aiming to respond to the most probable salary threshold at the time a final rule is released, reference the DOL’s projected figure for Q1 2024, which is $60,209. We do not believe DOL will be able to issue a final rule before Q1 2024, so we are incorporating this projected figure into our response to the NPRM. In essence, our goal is to provide members with a clearer picture of the likely salary figure when the final rule comes into play.



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  • Department of Labor Issues Independent Contractor Final Rule – CUPA-HR

    Department of Labor Issues Independent Contractor Final Rule – CUPA-HR

    by CUPA-HR | January 11, 2024

    On January 10, the Department of Labor’s (DOL) Wage and Hour Division (WHD) published the highly anticipated rule modifying the test for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The final rule rescinds the current “core factors” method for determining independent contractor status under the FLSA and implements a return to a “totality-of-the-circumstance analysis.”

    Under the final rule, the method of determining worker classification will use a totality-of-the-circumstance analysis of multiple factors in an economic reality test, including the following six factors.

    • The extent to which the work is integral to the employer’s business.
    • The worker’s opportunity for profit or loss depending on managerial skill.
    • The investments made by the worker and the employer.
    • The worker’s use of skill and initiative.
    • The permanency of the work relationship.
    • The degree of control exercised or retained by the employer.

    Under the final rule, any particular factor could be determinative in establishing a worker’s classification, and additional undefined factors may be relevant in the analysis as well. The final rule is therefore a significant departure from the previous rule finalized in 2021, under which two core factors primarily guided worker classification determinations.

    The WHD has established March 11, 2024, as the effective date of this new rule, meaning institutions will need to be in compliance by then. The rule is likely to be challenged in federal court by business groups, and legislators in the U.S. House of Representatives and Senate have indicated they will introduce resolutions of disapproval under the Congressional Review Act in an attempt to nullify the final regulation. CUPA-HR will keep members apprised of any new updates as it relates to the status of this final rule.



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  • Department of Labor Proposes New Overtime Rule – CUPA-HR

    Department of Labor Proposes New Overtime Rule – CUPA-HR

    On August 30, the Department of Labor (DOL) announced a new proposed update to the salary threshold for the “white collar” exemptions to the Fair Labor Standards Act’s (FLSA) overtime pay requirements.

    DOL proposes raising the minimum salary threshold from its current level of $35,568 annually to $55,068 — a nearly 55% increase. It also raises the salary level for the Highly Compensated Exemption (HCE) to $143,988 from its current level of $107,432 (a 34% increase). The proposal does not make any changes to the duties requirements. DOL does, however, propose automatically updating the threshold every three years by tying the threshold to the 35th percentile of weekly earnings of full-time salaried workers in the lowest-wage Census Region. For more information, DOL issued a FAQ document addressing the changes in the proposed rule.

    DOL first announced their intention to move forward with the proposal in the Fall 2021 Regulatory Agenda and set a target date for its release in April 2022. However, CUPA-HR, along with other higher education organizations and hundreds of concerned stakeholders, expressed concerns with the timing of the rulemaking and encouraged DOL to hold stakeholder meetings prior to releasing the anticipated overtime Notice of Proposed Rulemaking (NPRM). In a recent letter, CUPA-HR joined other associations in calling for the department to postpone or abandon the anticipated overtime rulemaking, citing concerns with supply chain disruptions, workforce shortages, inflation, and shifting workplace dynamics.

    The proposed rule was published in the Federal Register on September 8, allowing the public 60 days to submit comments. CUPA-HR plans to file an extension request with the agency. We will also continue evaluating the current proposal and work with members to prepare comments to submit on behalf of the higher education community. Furthermore, an extended session of the CUPA-HR Washington Update on September 21 will delve into the nuances of these proposed changes and their ramifications on campus.

    Register for the Upcoming Webinar

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  • NATA Provides Insights Into the Collegiate Athletic Trainer Labor Crisis – CUPA-HR

    NATA Provides Insights Into the Collegiate Athletic Trainer Labor Crisis – CUPA-HR

    by CUPA-HR | August 23, 2023

    Editor’s note: The information in this post came from the National Athletic Trainers’ Association’s white paper “The Collegiate Athletic Trainer Labor Crisis,” which includes a checklist and a library of resources to assist collegiate ATs and leaders in evaluating recruitment, hiring, retention and advancement practices.

    Like much of higher ed, collegiate athletics is struggling with a labor crisis due to the post-pandemic “Great Resignation.” Particularly in the area of athletic training, colleges and universities are finding it more and more difficult to attract and retain talent. Given the role and value ATs and their sports medicine departments have in reducing risk for their athletic department and institution, it is critical for leaders to understand and address the current labor crisis.

    To identify some reasons for this labor challenge, the National Athletic Trainers’ Association (NATA) Intercollegiate Council for Sports Medicine (ICSM) in collaboration with the NATA Compensation Task Force surveyed more than 1,120 collegiate athletic trainers (ATs) across the country. Pay, organizational culture, burnout and increased work responsibilities were the themes that emerged.

    Findings

    Salary remains the most important factor for collegiate ATs as they evaluate employment options.
    As the AT profession continues to see increasing employment opportunities within hospitals, sports medicine clinics, industrial settings, physician offices, and military and municipality services, the market is becoming more competitive. The collegiate AT average salary of $54,000 remains below the overall athletic trainer average salary of $61,000.

    Workload is a cause for concern. More than half of the survey respondents indicated they were caring for more than 100 student-athletes, and 65 percent said they had received additional responsibilities from their supervisor without an increase in compensation. Due to workload, respondents expressed concerns around being able to provide student-athletes with the attention they deserve, being able to devote time to preventative care and/or corrective exercise, and an inability to provide one-on-one rehab time to student-athletes. Research suggests that ATs with very high patient loads perceive an inability to meet the demands of their athletic administrators and coaches, which leads to increased emotional exhaustion and burnout. The survey found that only 12 percent of respondents have been employed in collegiate athletics beyond 10 years.

    Organizational culture plays a large role in attracting and retaining ATs. The survey found that collegiate ATs expect a positive work culture that promotes student-athlete health and safety, an understanding of ATs responsibilities, appropriate time demands, independent medical care and a  collaborative team environment. Additionally, respondents indicated a desire for formal onboarding and mentorship programs specific to the AT position — while 60 percent of respondents indicated such a program would be favorable, only a third had any formal onboarding with their current position.

    How Can Institutions Respond?

    Institutions that are slow to respond to the athletic trainer labor crisis will continue to have challenges hiring and retaining ATs. To this end, NATA has outlined several steps institutions can take to address the challenges around attracting and retaining talent in the athletic trainer field:

    • Conduct a salary and benefits review of your institution’s ATs, with particular attention to different AT employment opportunities within your local area; additional provisions that could be offered (sign-on bonuses and/or retention bonuses); market rates and compa-ratios; and compensation for increased roles, responsibilities and job duties.
    • Audit your institution’s AT job descriptions to ensure they are reflective of AT duties and responsibilities.
    • Offer more work flexibility, support services and work-life balance resources for ATs.
    • Create AT-specific mentorship and onboarding programs.

    For more on the collegiate athletic trainer labor shortage and strategies leaders can use to attract, recruit and retain these employees in an increasingly competitive environment, read NATA’s white paper, The Collegiate Athletic Trainer Labor Crisis: A Data-Driven Guide Outlining the Current Collegiate Workplace Environment and Strategies to Improve Workplace Engagement.



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  • Department of Labor Moves on Proposed Overtime Rule – CUPA-HR

    Department of Labor Moves on Proposed Overtime Rule – CUPA-HR

    by CUPA-HR | July 13, 2023

    Yesterday, the Department of Labor (DOL) sent its proposed rule on “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees” to the White House Office of Information and Regulatory Affairs (OIRA) for review. This is a required initial step before the proposed overtime rule is published.

    OIRA, part of the president’s Office of Management and Budget (OMB), is required to review all proposed and final rules, as well as all regulatory actions, before implementation. While OIRA has 90 days to conduct its review, in most cases, the review takes 30 to 60 days. If this timetable holds true, DOL stands a reasonable chance of publishing a proposed rule sometime close to the August 2023 target date set forth in the Spring 2023 Regulatory Agenda.

    The proposed rule is not public during OIRA’s review, so at this time we do not have any specific details on what the proposal contains. However, OIRA takes meetings to hear from concerned parties about proposed rules under their review, and CUPA-HR will be requesting a meeting to reiterate concerns we have set forth in letters to DOL since the proposal appeared on the Fall 2021 Regulatory Agenda.

    We’ll be sure to keep CUPA-HR members updated on all the latest details regarding the proposed overtime rule and possible advocacy opportunities during the OIRA review process.

     



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  • Labor and Employment Policy Updates — October 2022 – CUPA-HR

    Labor and Employment Policy Updates — October 2022 – CUPA-HR

    by CUPA-HR | October 22, 2022

    As the 2022 midterm election nears, Congress has turned its focus to campaigning and essentially halted legislative action until after the election. Despite the lack of activity from Congress, federal agencies have continued to push forward with anticipated regulatory actions in the labor and employment policy area. This blog post details some of the regulatory activity CUPA-HR is currently monitoring, as well as a stalled nomination for a top position at the Department of Labor (DOL).

    NLRB Joint Employer Rule

    On September 7, the National Labor Relations Board (NLRB) issued a notice of proposed rulemaking (NPRM) on the joint employer standard. Generally speaking, the NPRM proposes to expand joint employer status to entities with indirect or reserved control over essential terms and conditions of employment.

    The NPRM establishes joint employer status of two or more employers if they “share or co-determine those matters governing employees’ essential terms and conditions of employment,” such as wages, benefits and other compensation, work and scheduling, hiring and discharge, discipline, workplace health and safety, supervision, assignment and work rules. According to the NLRB’s press release, the Board “proposes to consider both direct evidence of control and evidence of reserved and/or indirect control over these essential terms and conditions of employment when analyzing joint-employer status.”

    Comments in response to the proposal were originally due November 7, but after stakeholders requested an extension to the filing deadline the Board extended the comment period to December 7.

    Independent Contractor Rule

    On October 13, the DOL published an NPRM to rescind the current method for determining independent contractor status under the Fair Labor Standards Act. The current test finalized by the Trump administration in 2021 has two core factors of control and investment with three additional factors (integration, skill and permanency) that are relevant only if those core factors are in disagreement. The Biden rule proposes a return to a “totality-of-the-circumstances analysis” of multiple factors in an economic reality test, including the following six factors, which are equally weighted with no core provisions:

    • The extent to which the work is integral to the employer’s business;
    • The worker’s opportunity for profit or loss depending on managerial skill;
    • The investments made by the worker and the employer;
    • The worker’s use of skill and initiative;
    • The permanency of the work relationship; and
    • The degree of control exercised or retained by the employer control.

    Comments in response to the NPRM are due November 28.

    Jessica Looman Nomination

    On September 13, the Senate Health, Education, Labor and Pensions (HELP) Committee held a hearing on the nomination of Jessica Looman to serve as Administrator of the DOL’s Wage and Hour Division (WHD). Looman was officially nominated for the position in July 2022, months after Biden’s previous nominee David Weil failed to receive 50 votes to clear the Senate floor and become the WHD Administrator.

    Looman has not yet had a committee vote to move her nomination to a full Senate floor vote. It is unclear when a Senate HELP vote will take place, but is likely to come after the election in November. Regardless of the timing on a vote, Looman continues to carry out the WHD’s rulemaking agenda in her current role as the Principal Deputy Administrator.

    CUPA-HR will keep members apprised of any updates relating to the rulemakings and nomination discussed above.



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