June 2025

 

News

Supreme Court Permits Recission of Temporary Protected Status for Venezuelans While Lower Court Temporarily Preserves Status

On May 19, 2025, the U.S. Supreme Court granted the government’s request to lift a federal district court order halting the Department of Homeland Security’s (DHS) rescission of Temporary Protected Status (TPS) for Venezuelans under a 2023 designation but permitted plaintiffs to challenge the invalidation of already-issued TPS documents.

A  lower federal district court subsequently issued an order preserving the validity of employment authorization documents, Form I-797 notices of action, and Forms I-94 issued to Venezuelan TPS holders with an Oct. 2, 2026, expiration date, while litigation on the broader issue of termination of the 2023 Venezuela TPS designation continues.

Supreme Court Allows Termination of Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans While Lower Court Orders Continued Processing

On Friday, May 30, 2025, the U.S. Supreme Court lifted an April 14, 2025, temporary injunction blocking the Department of Homeland Security’s (DHS’s) decision to terminate humanitarian parole for individuals from Cuba, Haiti, Nicaragua, and Venezuela under the CHNV program.

Separately, a lower district court ordered DHS to resume processing of parole and reparole applications for individuals covered under the Uniting for Ukraine, Operation Allies Welcome (Afghanistan), Central American Minors Parole, Family Reunification Parole, Military Parole-In-Place, and CHNV Humanitarian Parole.

DHS Announces Termination of Afghanistan TPS Effective July 2025

On May 12, 2025, DHS  announced that the Temporary Protected Status (TPS) for Afghanistan will be terminated effective July 14, 2025. The current TPS designation for Afghanistan is scheduled to expire on May 20, 2025.

IRS Releases 2026 HSA and HDHP Limits

The Internal Revenue Service (IRS) via Rev. Proc. 2025-19 has released the inflation-adjusted contribution limitations for calendar year 2026 in relation to health savings accounts (HSAs) and high-deductible health plans (HDHPs).  

These limits are indexed for inflation and released annually by June 1st for the following year, as required under the Tax Relief and Health Care Act of 2006.

EEO-1 2024 Reporting Opens

The U.S. Equal Employment Opportunity Commission (EEOC) has opened EEO-1 data collection for 2024 via its portal on May 20, 2025. The deadline to file your report is June 24, 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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Regional Alerts

The Denver Auditor's Office has issued civil wage theft rules in response to recently passed Ordinance 22-1614. The Ordinance, among other things, increased the civil penalties for wage theft violations in the City.

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Colorado has enacted legislation (House Bill 23-1006) that requires employers to provide an annual notice to employees about certain tax credits that may be available to them.

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On March 31, 2023, Colorado House Bill 1006 was signed into law requiring that employers notify employees of the availability of the federal and state earned income and state child tax credits.

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Florida has enacted legislation (Senate Bill 1718) that requires certain employers to use E-Verify to confirm a new hire is eligible to work in the United States. The requirement takes effect July 1, 2023.

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The Illinois Department of Labor (IDOL) has published amended regulations implementing a law that requires employers to reimburse employees for certain business expenditures.

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Indiana has enacted S419, which impacts tax withholding on non-residents and penalties in relation to deficient tax withholding by employers.  

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Maryland has enacted legislation (Senate Bill 828) that will delay implementation of a law that will provide job protection and wage-replacement benefits to employees who need time off from work for certain family and medical reasons.

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The Governor of New York has signed into law S4006 which is the Budget Bill implementing the state’s fiscal plan. Included in the bill is an increase to the state’s minimum wage. 

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New York has released an updated model policy and training materials that address sexual harassment and discrimination prevention.

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New York has enacted legislation (Senate Bill S4844B), which expands protections under the Nursing Mothers in the Workplace Act. Senate Bill S4844B takes effect on June 7, 2023.

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Virginia has enacted legislation (Senate Bill 1086), which requires certain employers to provide unpaid leave to organ or bone marrow donors. Senate Bill 1086 takes effect on July 1, 2023.

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Virginia has enacted legislation (House Bill 1924), which will eliminate subminimum wage certificates for individuals with disabilities. House Bill 1924 takes effect on July 1, 2023.

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Virginia has enacted legislation, House Bill 1895, which prohibits employers from requiring an employee or prospective employee from executing or renewing a “nondisclosure or confidentiality agreement, including any provision relating to non-disparagement, that has the purpose or effect of ...

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The State of Washington has released information to assist employers in meeting their requirements under the Washington Cares Act.

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Washington Governor Jay Inslee has signed into law House Bill 1262 establishing a requirement for employers to report lump sum payments , such as a bonus, to the Division of Child Support (DCS) where the employer has received.

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