Labor and Employment

The Issue

As employers, it is critical that colleges and universities be aware of developments in major federal labor and employment laws. The American Council on Education works on a number of employment law and human resources issues impacting higher education institutions, including National Labor Relations Board regulations and rulings, Department of Labor regulations, and labor and employment law cases pending in the courts.

Our Work
Amicus Brief to the U.S. Supreme Court: Cunningham v. Cornell
January 3, 2025
Amicus Brief to the U.S. Supreme Court: Cunningham v. Cornell
Amicus brief to the U.S. Supreme Court from ACE and 13 other associations in support of Cornell University in a case that deals with the issue of 403(b) retirement plans.
Download
The College Student Athletics Policy Landscape in 2024
July 16, 2024
The College Student Athletics Policy Landscape in 2024
This issue brief explores the legal landscape surrounding college athletics, examining both legislation and litigation impacting athletic departments and student-athletes.
Download
The College Student Athletics Policy Landscape in 2024
July 15, 2024
The College Student Athletics Policy Landscape in 2024
This issue brief examines the landscape for college student athletics, including the legislative outlook, student-athletes as employees, and other issues.
Download
U.S. Department of Labor Issues FLSA’s New Overtime Rule
May 31, 2024
U.S. Department of Labor Issues FLSA’s New Overtime Rule
On April 26, 2024, the Department of Labor published its final rule revising the "white-collar" overtime pay exemptions. This brief summarizes the new rule, its impact on campuses, compliance guidance, and answers key questions for campus leaders.
Download
Federal Overtime Rule: Impact on Colleges and Universities
April 24, 2024
Federal Overtime Rule: Impact on Colleges and Universities
This summary discusses the impact on colleges and universities of the Department of Labor’s final rule to update the salary level to qualify for the so-called “white collar” exemptions.
Download
Statement to House Subcommittees on Health, Employment, Labor, and Pensions and Higher Education and Workforce Development on the NLRB's Decision.
March 12, 2024
Statement to House Subcommittees on Health, Employment, Labor, and Pensions and Higher Education and Workforce Development on the NLRB's Decision.
On behalf of five other higher education associations, ACE submitted a statement to the House Subcommittees on Health, Employment, Labor, and Pensions and Higher Education and Workforce Development on the National Labor Relations Board’s effort to reca...
Download
Comments on the Department of Labor's Plan to Expand Foreign Worker Certification to STEM Jobs
February 20, 2024
Comments on the Department of Labor's Plan to Expand Foreign Worker Certification to STEM Jobs
On behalf of 18 other higher education organizations, ACE sent comments to DOL in support of expanding the labor certification for permanent employment of foreign workers to include STEM occupations.
Download
Summary: A Stronger Workforce for America Act
December 20, 2023
Summary: A Stronger Workforce for America Act
Summary of the A Stronger Workforce for America Act (H.R. 6655), a bill to amend and reauthorize the Workforce Innovation and Opportunity Act of 2014.
Download
Comments to the Department of Labor on Proposed Changes to Overtime Regulations
November 7, 2023
Comments to the Department of Labor on Proposed Changes to Overtime Regulations
Along with 48 other higher education organizations, CUPA-HR and ACE wrote to the Department of Labor with concerns about how proposed changes to overtime eligibility would impact colleges and universities.
Download
Request for Extension of Comment Period for Proposed Overtime Rule
October 12, 2023
Request for Extension of Comment Period for Proposed Overtime Rule
Letter to the Department of Labor requesting a 60-day extension to the comment period on the proposed rule to update the salary level to qualify for the so-called “white collar” exemptions under the Fair Labor Standard Act’s overtime pay requirements.
Download
Fact Sheet: Impact on Colleges and Universities of the Potential Changes to the Federal Overtime Rule
September 7, 2023
Fact Sheet: Impact on Colleges and Universities of the Potential Changes to the Federal Overtime Rule
The Department of Labor has announced a proposed rule to update the salary level to qualify for the so-called “white collar” exemptions under the Fair Labor Standard Act’s overtime pay requirements.
Download
Amicus Brief to the U.S. Supreme Court in Support of Northwestern in Retirement Plan Case
October 28, 2021
Amicus Brief to the U.S. Supreme Court in Support of Northwestern in Retirement Plan Case
ACE's brief explains that retirement system for higher education has always looked different than the system for corporate America and that flexibility is needed to administer plans based upon the particular needs and preferences of participants.
Download
Career Pathways for International Students
July 2, 2021
Career Pathways for International Students
This paper looks at how international graduates of U.S. institutions fare in the job market and how their career trajectories are altered as a result of their study-abroad experience.
Download
Amicus Brief: NCAA v. Alston
February 8, 2021
Amicus Brief: NCAA v. Alston
ACE and 10 other associations submitted this amicus brief to the Supreme Court in support of the NCAA and 11 athletics conferences in NCAA v. Alston, a case that could alter the current model of intercollegiate athletics.
Download
Letter to DHS on OPT Work Authorization Application Delays
January 26, 2021
Letter to DHS on OPT Work Authorization Application Delays
Recommendations to the Department of Homeland Security on how the U.S. Citizenship and Immigration Services can best extend flexibility to Optional Practical Training (OPT) applicants during the COVID-19 pandemic.
Download
Request to the Department of Labor to Withdraw the RFI on Race and Sex Stereotyping
December 1, 2020
Request to the Department of Labor to Withdraw the RFI on Race and Sex Stereotyping
Letter to the Department of Labor asking for the Request for Information regarding the Trump administration's Executive Order on “Combating Race and Sex Stereotyping” be withdrawn.
Download
Request to Withdraw Trump Administration's Executive Order Restricting Diversity Training
October 8, 2020
Request to Withdraw Trump Administration's Executive Order Restricting Diversity Training
Letter to President Trump from ACE and 54 other associations requesting the administration to withdraw the recent executive order titled “Combating Race and Sex Stereotyping,” which has caused enormous confusion on campuses and beyond.
Download
Labor Department's Unemployment Guidance Undermines CARES Act Intent
June 1, 2020
Labor Department's Unemployment Guidance Undermines CARES Act Intent
Letter to Sens. Mitch McConnell and Chuck Schumer seeking relief from the Department of Labor's CARES Act guidance, which is intended to provide emergency unemployment relief to governmental entities and nonprofits.
Download
Amicus Brief: Sacerdote et al v. New York University
April 7, 2020
Amicus Brief: Sacerdote et al v. New York University
ACE filed this brief in the U.S. Court of Appeals for the Second Circuit in Sacerdote et al v. New York University, the first case to go to trial among 20 lawsuits challenging the management of 403(b) retirement plans.
Download
Comments to the NLRB on Rule Classifying Student Workers
January 15, 2020
Comments to the NLRB on Rule Classifying Student Workers
Comments to the National Labor Relations Board (NLRB) expressing support for a proposed federal rule that would define undergraduate and graduate student workers as nonemployees under the National Labor Relations Act.
Download
Comments to NASA on Sexual Harassment Reporting Requirements
August 16, 2019
Comments to NASA on Sexual Harassment Reporting Requirements
From ACE and six other higher education institutions in response to the July 17, 2019 Federal Register notice on “Reporting Requirements Regarding Findings of Sexual Harassment, other Forms of Harassment, or Sexual Assault.”
Download
​See all of our work on this topic
Latest News
Higher Ed Groups Back Cornell in Supreme Court Case Over 403(b) Retirement Plans
January 8, 2025
Higher Ed Groups Back Cornell in Supreme Court Case Over 403(b) Retirement Plans
ACE, along with 13 other higher education associations, has filed an amicus brief with the Supreme Court in Casey Cunningham v. Cornell University, a case that challenges how colleges and universities manage their 403(b) retirement plans under ERISA.
Read More
Federal Court Strikes Down Biden’s Overtime Expansion: What This Means for Higher Education
November 18, 2024
Federal Court Strikes Down Biden’s Overtime Expansion: What This Means for Higher Education
A federal judge in Texas has struck down the Biden administration’s overtime expansion rule, which was set to increase the salary threshold for overtime eligibility to $58,656 as of Jan. 1, 2025.
Read More
Colleges Brace for Implementation of New Federal Regulations
June 12, 2024
Colleges Brace for Implementation of New Federal Regulations
Colleges and universities, still burdened by the botched FAFSA rollout, face an unusually busy summer, as several new federal regulations will go into effect.
Read More
ACE Issues Guide to Help Colleges Navigate New Overtime Rule
May 31, 2024
ACE Issues Guide to Help Colleges Navigate New Overtime Rule
​Colleges nationwide are bracing for a new overtime rule that takes effect beginning on July 1.
Read More
Major Changes Coming for Overtime Pay Calculations
April 29, 2024
Major Changes Coming for Overtime Pay Calculations
On April 23, the Department of Labor announced its final regulation redefining overtime pay eligibility for workers nationwide, carrying substantial implications for colleges and universities.
Read More
Statement by ACE President Ted Mitchell on New Federal Overtime Salary Threshold Rule
April 23, 2024
Statement by ACE President Ted Mitchell on New Federal Overtime Salary Threshold Rule
The Labor Department's new overtime rule would increase the overtime threshold by nearly 65 percent when completely phased in on Jan. 1, 2025. The vast majority of colleges and universities will be unable to absorb the resulting labor costs.
Read More
House Holds Hearing on NLRB Student-Athlete Ruling, ACE Submits Statement
March 13, 2024
House Holds Hearing on NLRB Student-Athlete Ruling, ACE Submits Statement
Ahead of a hearing titled “Safeguarding Student-Athletes from NLRB Misclassification,” ACE and five other higher education associations submitted a statement for the record opposing the NLRB’s decision to treat collegiate student-athletes as employees.
Read More
House Committee Approves Bills on Short-Term Pell, WIOA Reauthorization
December 18, 2023
House Committee Approves Bills on Short-Term Pell, WIOA Reauthorization
​Last week, the House Education and the Workforce Committee voted to move forward two bills impacting institutions of higher education: the Bipartisan Workforce Pell Act and the A Stronger Workforce for America Act.
Read More
Bridging the Skills Gap: The Promise of Learning and Employment Records
November 27, 2023
Bridging the Skills Gap: The Promise of Learning and Employment Records
​A Q&A with Michele Spires, assistant vice president of ACE Learning Evaluations
Read More
ACE, CUPA-HR, Other Groups File Comments on Labor Department Plan to Update Overtime Salary Levels
November 13, 2023
ACE, CUPA-HR, Other Groups File Comments on Labor Department Plan to Update Overtime Salary Levels
Along with CUPA-HR and a number of other higher education associations, ACE submitted comments Nov. 7 on the Department of Labor’s plan to update the salary level to qualify for the so-called “white-collar” exemptions.
Read More
Labor Department Proposes New Overtime Rule
September 5, 2023
Labor Department Proposes New Overtime Rule
The Department of Labor has issued a proposed rule to update the salary level to qualify for the so-called “white collar” exemptions under the Fair Labor Standard Act’s overtime pay requirements.
Read More
Combatting Employee Burnout and Improving Morale
March 29, 2022
12:00 p.m.–2:00 p.m. ET
Combatting Employee Burnout and Improving Morale
During this focused workshop—consisting of two two-hour sessions—learn to understand the roots of and consequences for burnout and explore ideas for creating a workplace condition that helps workers flourish.
Read More
Busting the Ideal Worker Myth to Address Burnout and Morale
February 15, 2022
Busting the Ideal Worker Myth to Address Burnout and Morale
The pandemic has exacerbated burnout and low morale in higher education. Learn to recognize when change is needed and get tactical advice. View the free webinar recording, and sign up for the focused workshop.
Read More
Strategies to Combat Employee Burnout and Improve Morale
Strategies to Combat Employee Burnout and Improve Morale
Burnout and low morale in higher education have been exacerbated by the pandemic. Learn to recognize when change is needed and get tactical advice.
Read More
Use of HEERF at U.S. Colleges and Universities, Part II
Use of HEERF at U.S. Colleges and Universities, Part II
ACE surveyed college and university presidents about Higher Education Emergency Relief Funds (HEERF) used by their institutions. Responses indicate that the federal relief funds were especially critical for lower-resourced institutions and their students.
Read More
Aligning Higher Education, Training, and Jobs for Inclusive Capitalism
June 15, 2021
Aligning Higher Education, Training, and Jobs for Inclusive Capitalism
How can higher education better serve first-generation students? How can skills development be more accessible? Hear on June 15 at 1:00 p.m. (ET) how higher education and training can better address the needs of workers, employers, and communities.
Read More
Register Now for Virtual Event on Higher Education and Inclusive Capitalism
June 7, 2021
Register Now for Virtual Event on Higher Education and Inclusive Capitalism
A free virtual event co-hosted by ACE, Markle Foundation, and the Coalition for Inclusive Capitalism will bring together experts and stakeholders to discuss how higher education and training can better address the needs of workers and communities.
Read More
ACE, Other Associations Ask Supreme Court to Reverse Federal Ruling on College Athletics, Antitrust Laws
February 8, 2021
ACE, Other Associations Ask Supreme Court to Reverse Federal Ruling on College Athletics, Antitrust Laws
An amicus brief was submitted by ACE and 10 other higher education associations supporting an appeal by the NCAA and 11 athletics conferences to the U.S. Supreme Court in NCAA v. Alston.
Read More
Associations Urge Biden Administration to Consider Policies and Practices to Help International Students, Dreamers
February 3, 2021
Associations Urge Biden Administration to Consider Policies and Practices to Help International Students, Dreamers
ACE and other higher education organizations are looking at specific policies that can help the Biden-Harris administration restore the United States’ global standing in the world and prioritize reforming the nation’s immigration system.
Read More
Federal Court Vacates Proposed Trump Administration Rules That Sought to Restrict H-1B Visas
December 7, 2020
Federal Court Vacates Proposed Trump Administration Rules That Sought to Restrict H-1B Visas
A U.S. District Court judge in California last week struck down new DOL and DHS interim final rules that would have restricted the H-1B visa program for highly skilled workers and drastically increased the wage levels required for hiring H-1B employees.
Read More
ACE, Higher Ed Groups Submit Amicus Briefs Opposing New H-1B Visa Rules
November 2, 2020
ACE, Higher Ed Groups Submit Amicus Briefs Opposing New H-1B Visa Rules
ACE and 23 other higher education associations have filed briefs supporting a pair of legal challenges to new Trump administration rules restricting H-1B visas for highly skilled workers.
Read More
Our Staff
 
 

Higher Education & The Trump Administration

Explore Resource