USCIS has announced that registration for this year’s H-1B visa lottery will take place between noon (ET) on March 7, 2025, and noon (ET) on March 24, 2025. With adjustments to fees, the selection process, and filing methods, employers must plan ahead.
Back to Basics: The 2025 Employment Law Playbook
Posted in Employment Counseling & Workplace Claims PreventionThe employment law landscape has seen widespread changes on the federal and state levels in recent years. In light of what is poised to be years of even more changes, now is an opportune time to re-examine the basics of a compliant workplace. This post will keep companies ready for whatever comes next by providing employers around the country with a general breakdown of key considerations and best practices for all main phases of employment, from hiring to termination.
Navigating Use of Generative AI at Work: Best Practices and Legal Considerations
Posted in Employment Counseling & Workplace Claims Prevention, Labor RelationsIn today’s fast-evolving digital landscape, generative artificial intelligence (AI) has become a powerful tool that employees increasingly rely on for a variety of tasks. From drafting emails and producing reports to generating creative content and analyzing data, these technologies are reshaping how work gets done. As organizations integrate AI into their daily operations, employers face the challenge of managing its use effectively. Balancing innovation with accountability and legal compliance is critical to ensuring that AI enhances productivity without significant drawbacks.
Trump’s NLRB Break-Up: A Valentine’s Day Shake-Up For Employers
Posted in Labor RelationsThe Trump administration just made a significant move in reshaping federal labor law by beginning the process of undoing the labor policies put in place under the Biden administration. On February 14, 2025, National Labor Relations Board (NLRB) Acting General Counsel William Cowen issued General Counsel Memorandum 25-05 (GC 25-05), which rescinded 31 general counsel memoranda previously issued during the Biden administration.
Most importantly, GC 25-05 creates a blueprint for employers of the expected policy shifts to take place at the NLRB under the Trump administration. Although General Counsel memoranda are not laws themselves, they serve as published guidelines that express the NLRB general counsel’s stance on interpreting and enforcing federal labor law, detail the lens through which the NLRB’s regional offices will investigate unfair labor practice charges, litigate cases, and process representation petitions, and signal a larger shift in the Agency’s enforcement priorities.
Among other things, Cowen abandons the Biden administration’s previously debatable policies, including its expansive reading of protected concerted activity, its position that student athletes constitute employees under the National Labor Relations Act (NLRA), the view that certain non-competes and stay-or-pay provisions violate the NLRA, and its attempt to seek remedies above and beyond the NLRB’s traditional make whole remedies. To boot, employers can expect additional forthcoming guidance from the Acting GC detailing his changes in agency operations, including case handling, investigations, seeking remedies and compliance, and interagency coordination, as well as his litigation priorities, particularly in the areas of 10(j) injunctive relief, and remedies under Thryv v. NLRB and CEMEX Construction Materials Pacific, LLC v. NLRB. Below is an in-depth look at the most consequential rescinded memoranda and the implications of the rescissions for employers and their business operations.
New Pay Transparency Laws in Effect in 2025 – What Employers Need to Know
Posted in Employment Counseling & Workplace Claims Prevention, Wage & HourMultistate employers are likely already aware of challenges in tracking and complying with various state and local laws governing pay transparency in the recruitment and hiring process. Now, even as Diversity, Equity, and Inclusion (DEI) initiatives may be under the microscope at the federal level, more states are coming on line with pay transparency laws for 2025. Pay transparency disclosure requirements may vary from state to state, but they share the common objective of eliminating discriminatory bias in the compensation process by sharing important pay details with applicants for hire and/or promotion. Before 2025, the following states had existing pay transparency laws: California, Colorado, Connecticut, Hawaii, Maryland, Nevada, New York, Rhode Island, and Washington, along with the District of Columbia. Throughout 2025, pay transparency laws will take effect in five additional states: Illinois, Minnesota, Massachusetts, New Jersey, and Vermont. The following provides an overview of the new state law requirements taking effect in 2025 (or that took effect on January 1, 2025).
The Trump Administration Targets DEI: What Employers Need to Know
Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & RetaliationThe first weeks of the second Trump administration have been marked by a flurry of executive orders, several of which are targeted toward fulfilling President Donald Trump’s campaign pledge to eliminate Diversity, Equity, and Inclusion (DEI) initiatives across the federal government, educational institutions, and within the private sector. Though the primary impact of these orders is reserved for the federal government, they also contain certain provisions that are intended to encourage changes throughout the private sector, presumably, in advance of any such directive.
The following is an analysis of the latest DEI-related executive orders and how they apply, as well as best practices for employers to adapt to the Trump administration’s policy changes, both in the public and private sectors.
Best Practices for Employers in Managing USCIS Administrative Onsite Inspections, ICE Raids, and Form I-9 Audits
Posted in Immigration Planning & ComplianceIn today’s increasingly complex immigration enforcement setting, employers face multiple challenges, including unannounced USCIS Administrative site visits (also known as onsite inspections), U.S. Immigration and Customs Enforcement (ICE) workplace raids, and Form I-9 audits. While these processes all aim to ensure compliance with federal laws, they have distinct purposes and require different strategies to effectively address. ICE raids primarily target unauthorized workers and enforce immigration laws, often causing significant disruptions and legal consequences for businesses. USCIS onsite inspections, on the other hand, are conducted to verify that the terms outlined in H-1B, and other Nonimmigrant Worker visa petitions, are being followed, as far as employee duties, compensation, and work location. Finally, I-9 audits carried out by the federal government focus on ensuring that all employees are properly documented and that employers maintain accurate records.
Understanding how to manage these three processes is crucial for maintaining compliance and protecting businesses from potential fines, penalties, and reputational damage. In this blog, we’ll provide practical steps to handle USCIS onsite inspections, ICE raids, and Form I-9 audits, helping employers stay prepared and confident in managing obligations under federal law.
The Potential Impacts of President Trump’s Administration on DACA and Temporary Protected Status
Posted in Immigration Planning & CompliancePresident Donald Trump has indicated a strong intention to eliminate both the Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) programs, which allow foreign nationals to temporarily live and work in the United States without the fear of deportation. In light of these anticipated measures, employers should take proactive steps to support the welfare of affected employees who may need to find viable alternatives, as well as to ensure the continued stability of their workforce.
Paid Prenatal Leave for Pregnant New Yorkers Has Arrived
Posted in Employee Benefits, Employment Counseling & Workplace Claims Prevention, Medical & Other LeavesNew York is the first state in the U.S. to pass a law entitling workers to paid prenatal leave. The law, which took effect on January 1, 2025, requires private sector employers, regardless of size, to provide their New York-based employees with 20 hours of paid leave for prenatal healthcare services during their pregnancy, or related to their pregnancy, during any 52-week calendar period. Regarding the first-of-its-kind law, New York State Governor Kathy Hochul stated, “No pregnant woman in New York should be forced to choose between a paycheck and a check-up — and that’s why I pushed to create the nation’s first paid prenatal leave policy.”
Year-End Watch List: Possible Simplification to Employer Group Health Plan Reporting
Posted in Employee Benefits2024 might almost be over, but the Senate recently passed two bills that are intended to ease at least some employer burdens under the Patient Protection and Affordable Care Act (ACA) moving forward. The bills, both of which are pending signature by President Biden, are:
- The Paperwork Burden Reduction Act (H.R. 3797)
- The Employer Reporting Improvement Act (H.R. 3801)
Should these laws be enacted, they would together simplify ACA compliance in numerous ways, including the following:
