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

California has enacted legislation (Assembly Bill 1554) that will require employers to notify employees who participate in a flexible spending account of any deadline to withdraw funds before the end of the plan year. Assembly Bill 1554 takes effect Jan. 1, 2020.

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California has enacted legislation (Assembly Bill 17) that will expand voting protections for employees. Assembly Bill 17 takes effect Jan. 1, 2020.

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California has enacted legislation (Assembly Bill 5) that will broaden the applicability of the ABC test for determining whether a worker is an independent contractor or an employee. Assembly Bill 5 takes effect Jan. 1, 2020. 

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California has enacted legislation (Assembly Bill 1804) that will amend rules for reporting an employee's serious injury, illness, or death to the state. The state also enacted legislation (Assembly Bill 1805) that will amend the definition of "serious injury or illness." Both laws take effect ...

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The Colorado Department of Labor and Employment (CDLE) has adopted temporary rules clarifying that employers must pay employees for unused vacation at the time of separation. The CDLE also proposed making the rules permanent.

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Illinois has enacted legislation (House Bill 252) that will amend the Illinois Human Rights Act to cover all employers. House Bill 252 takes effect July 1, 2020.

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Illinois has enacted legislation (House Bill 2557) that establishes new rules for video interviews. House Bill 2557 takes effect Jan. 1, 2020.

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Illinois has enacted legislation (House Bill 3405) that clarifies the state's rules on tips received by employees. House Bill 3405 takes effect Jan. 1, 2020.

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Illinois has enacted legislation (House Bill 2830) that amends the state's law on school activities leave. House Bill 2830 takes effect Aug. 1, 2020.

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Minnesota's minimum wage will increase on Jan. 1, 2020 as a result of an annual adjustment for inflation.

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Suffolk County, New York has amended its Human Rights Law to prohibit employers from asking about an applicant's pay history. The amendment was effective June 30, 2019.

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The city of Toledo, Ohio has enacted an ordinance to generally prohibit employers from inquiring about an applicant's pay history. The ordinance takes effect on June 25, 2020.

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Oregon has enacted legislation (Senate Bill 370) that requires employers to notify employees of federal employment authorization inspections. Senate Bill 370 is effective Jan. 1, 2020.

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Oregon has enacted legislation (Senate Bills 164 and 165) enforcing its state-run retirement program. The laws take effect Jan. 1, 2020.

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Texas enacted two pieces of legislation (Senate Bill 370 and House Bill 504) that will expand employment protections for employees summoned for jury duty. The laws took effect on September 1, 2019.

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Texas has enacted legislation (House Bill 1074) that expands the state's age discrimination law. House Bill 1074 took effect on Sept. 1, 2019.

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