May 2025

 

News

Vermont Creates State-Sponsored Retirement Savings Program

Vermont has enacted legislation (S.135), which creates a state-sponsored retirement savings program. Covered employers that do not offer a retirement plan to employees must register or certify their exemption to the Vermont Saves program in a phased implementation beginning July 1, 2025 through July 1, 2026.

Wisconsin Supreme Court Clarifies Arrest Record Discrimination

The Wisconsin Supreme Court has clarified that employment nondiscrimination protections under the Wisconsin Fair Employment Act apply to arrest records connected to criminal and non-criminal matters. The Court also clarified that arrest record discrimination can occur when the arrest record is a motivating factor in an employer’s decision to take an adverse employment action. The ruling took effect on April 10, 2025.

New Jersey Supreme Court Rules Commissions Count as Wages Under State Law

The New Jersey Supreme Court has ruled that workers’ commissions are counted as wages under the New Jersey Wage Payment Law. The ruling was issued on March 17, 2025.

Nebraska Voters Approve Paid Sick Leave

Nebraska voters have approved a ballot initiative (Initiative Measure 436), which creates the Nebraska Healthy Families and Workplaces Act (the Act) and will provide paid sick time to employees. Employers must begin providing paid sick leave on Oct. 1, 2025.

Alaska Voters Approve Paid Sick Leave Requirement

Voters in Alaska have approved a ballot measure (Ballot Measure 1) that will require employers to provide paid sick leave to employees. The requirement takes effect July 1, 2025.

USCIS Issues New Form I-9; Prior Editions Remain Temporarily Acceptable

  U.S. Citizenship and Immigration Services (USCIS) has made minor changes to Form I-9 (Employment Eligibility Verification). The revised Form I-9 has an edition date of Jan. 20, 2025, and an expiration date of May 31, 2027, and is now available for download.

Court Blocks Termination of Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans

A federal district court has issued an order temporarily blocking the upcoming April 24, 2025, termination of parole and related employment authorization for beneficiaries of the parole program for Cubans, Haitians, Nicaraguans, and Venezuelans (“CHNV parole program”). The block will remain in place pending further review by the court or an appeals court overturning the block.

This means that while the block is in effect, the duration of a CHNV beneficiary’s parole and any associated work authorization now reverts to the date previously granted by the government.  This is the date listed on the parole approval notice/ I-94 and related work authorization document. 

Haiti TPS Extension Reduced from 18 Months to 12 Months – Form I-9 Impacts

The Department of Homeland Security recently announced that Haiti’s Temporary Protected Status (TPS) designation will expire on Aug.  3, 2025 rather than the previously scheduled expiration date of Feb.  3, 2026.  

Importantly, U.S. Citizenship and Immigration Services (USCIS) has also  announced that it will  not provide updated Employment Authorization Documents (EADs) with the new Aug. 3, 2025, expiration date.  USCIS instructs employers to enter the amended expiration date of Aug. 3, 2025, in the Additional Information field in Section 2 of the Form I-9 and initial and date the correction.

EEOC and DOJ Release Guidance on DEI Programs

 The U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ) recently issued two guidance documents for employers on workplace diversity, equity, and inclusion (DEI) initiatives.   The guidance explains the respective agencies’ view of how DEI actions can run afoul of anti-discrimination laws.

Executive Order 14026 Regarding Federal Contractor Minimum Wage Rescinded. Minimum wage from Executive Order 13658 back in effect.

EO 13658 a previous order setting a lower minimum wage, was not rescinded. Consequently, effective Jan. 1, 2025, federal contractors covered under EO 13658 must pay at least a minimum wage of $13.30 per hour to non-tipped employees and pay tipped employees at least a minimum cash wage of $9.30 per hour. Generally, EO 13658 pertains to covered contracts that were entered into, renewed or extended prior to Jan. 30, 2022.,
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