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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

June 11, 2019

A Look at Five Key Outcomes in Early Adulthood for Associate Degree Earners

In this brief, the fourth and final in a series, the author explores the impact earning an associate degree has on five key outcomes in early adulthood: employment status, wages, homeownership, voting rates, and volunteerism.

Download

November 2, 2017

Amicus Brief: University of Southern California v. National Labor Relations Board

ACE and seven other higher education associations submitted this amicus brief to the National Labor Relations Board in support of University of Southern California’s appeal challenging the Board’s ruling that adjunct faculty members are eligible to for...

Download

See all of our work on this topic

Latest News

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

Register Now for Virtual Event on Higher Education and Inclusive Capitalism

June 7, 2021

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.

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.

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.

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.

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.

October 21, 2020

Amazon Managed Blockchain: Identity Deep Dive

Join Maggie Hsu and Carl Youngblood of Amazon Managed Blockchain for a discussion of blockchain at Amazon Web Services and decentralized identity use cases, as part of ACE’s Education Blockchain Initiative.