April 2026

 

News

USPS Postmark Rule Updated

The United States Postal Service (USPS) recently released an updated rule change providing clarification on the timing and manner by which mail is officially postmarked.

USCIS Policy Change Retroactively Shortens Certain TPS-Based EAD Automatic Extensions

United States Citizenship and Immigration Services (USCIS) has clarified that, in light of the “Big Beautiful Bill Act” (H.R.1), automatic extensions of work authorization for TPS-based EAD renewal applicants are now capped at one year (365 days).    USCIS takes the position that the cap is retroactive,

U.S. Department of Labor Proposes New Independent Contractor Test

The U.S. Department of Labor (DOL) has proposed changes to the test for determining whether workers are employees or independent contractors under the Fair Labor Standards Act (FLSA).   In addition, the Department proposes to apply this analysis to the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA).

DHS Announces Termination of TPS for Yemen

The Department of Homeland Security (DHS) announced that it will not extend the current Yemen Temporary Protected Status (TPS) designation beyond March 3, 2026.  However, impacted TPS beneficiaries will be granted a 60-day transition period through May 4, 2026 and will remain work-authorized throughout the transition period.

TPS Updates for Ethiopia, South Sudan, Burma, Syria, Somalia and Haiti (Updated)

The Department of Homeland Security (DHS) announced termination of Temporary Protected Status (TPS) for six countries. Courts have blocked termination for these countries.

For TPS beneficiaries from Ethiopia, South Sudan, Burma, Syria, Somalia and Haiti. DHS directs that when completing the Expiration Date fields on Form I-9, input “as per court order” in Section 1 and a specific date based on the applicable U.S. Citizenship and Immigration Services (USCIS) announcement in Section 2 along with a note in the additional information box. Employers may also download the applicable Alert and TPS webpages and attach them to Form I-9.

Labor Board Officially Replaces Joint-Employer Test

The National Labor Relations Board has published a final rule that revises its regulations to officially remove a joint-employer test issued in 2023 and replace it with a prior version of the test.

New York City Releases Updated Sick Leave Notice and Resources

New York City has released an updated Notice of Employee Rights, Rules for Protected Time Off Policies and FAQs.  The city has also issued proposed rules related to the previously amended Earned Safe and Sick Time Act.

California Finalizes Templates for Pay Data Reporting for 2025; Includes New Data Fields

The California Civil Rights Department has published final versions of pay data reporting templates for the 2025 reporting year. The templates include new data fields for reporting employees’ exemption status, employment type, and weeks worked during the reporting year.

New Jersey Amends Family Leave Act

New Jersey has enacted legislation (Assembly Bill 3451), which amends the New Jersey Family Leave Act (NJFLA) by expanding employer coverage and lowering employee eligibility requirements.

Ohio Requires E-Verify for Construction Employers

Ohio has enacted legislation, House Bill 246, which requires all covered employers working on commercial projects to use the federal E-Verify system (E-Verify) to confirm the legal work status of every new hire. House Bill 246 is effective March 19, 2026.
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