Higher Education ESP --
Building a Quality Workforce

Federal and State Statutes

Federal and state statutes provide certain requirements and protections for higher education institutions, Higher Ed ESP, all campus employees, and the students attending a higher education facility. Employees should know about both federal and state law and understand how they apply to their Higher Ed ESP job family or category. Members should be aware that many programs and laws are applicable only in the state in which they are enacted.

Federal Law: Some higher education employees may be covered under the Fair Labor Standards Act, which provides protection against some employer abuses, including discrimination and overtime abuses. (See Federal Bulletin #778–Overtime Compensation, which defines how the employer should properly calculate overtime.)

State Law: The State Departments of Education, Labor, Health & Human Services, and Transportation in each state may establish some standards for job qualifications and functions for higher education employees. These laws are usually state-specific. Higher Ed ESP should be informed and current regarding qualifications, regulations, laws, and licensing for their category of employment. Some regulatory information may be provided by your UniServ office.

Types of Credentials: Credentials for ESP are constantly changing because the tasks and responsibilities for all categories of ESP are always evolving. The technology explosion has completely altered the complexity of tasks for Clerical Services and Technical Services ESP. Custodians and maintenance no longer just "clean the buildings and remove trash." They are now responsible for the quality of the whole campus and building environment. For Higher Ed Food Services ESP nutrition and nutrition-related responsibilities have expanded. And huge changes in environmental regulations have greatly impacted required credentials for Skilled Trades ESP. For campus Security Services ESP, the increase in stress, danger, violence, and crisis has redefined the skill sets and credentials needed to do the job and stay safe in the job.

Some Definitions

Licensure: is the most restrictive form of professional and occupational regulation. It is illegal for a person to practice a particular profession without first meeting state and/or federal licensing standards. Licensure is often referred to as "right to practice."

Certification: Under certification, the state grants title protection (right-to-title) to persons meeting pre-determined standards. Those without certification may perform the duties of the occupation but may not use the title.

Registration is the least restrictive of all credentials. It usually requires individuals to file their names, addresses, and qualifications with a government agency before practicing the occupation. The employee may be required to post a bond or pay a fee for the registration.

Training is the specific course work the employee must take in order to obtain the license, certification, or registration. Because of the gamut of job titles and categories, a vast number of rules and regulations apply for Higher Ed ESP. As many as 70% have some college work credit, and 45% have earned associate degrees or higher. In addition, 35% have vocational or technical training. In all, 66% have met special requirements of one form or another in order to qualify for their jobs, and approximately 9% must continue to take classes or exams regularly in order to retain their positions.

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