May 2025

 

News

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 February 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Executive Order 14026 Regarding Federal Contractor Minimum Wage Rescinded.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EO 13658 a previous order setting a lower minimum wage, was not rescinded.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.,

Federal Court blocks DHS termination of 2023 TPS Designation for Venezuela

On March 31, 2025, a federal court issued a nationwide order blocking the decision to terminate the 2023 TPS designation for Venezuela. The net effect of the order is to reinstate the Jan. 17, 2025 notice that extended the 2023 TPS designation for Venezuela to Oct. 2, 2026. The order will remain in effect while a decision from the court on the merits of the underlying legal action remains pending. The government could choose to appeal the order.

ADP® will continue to monitor and communicate any future related developments.

Pension Plan Limitations for 2025 Provided by IRS

On Nov.  1, 2024,  the Internal Revenue Service (IRS) announced via Notice 2024-80, the cost-of-living adjustments applicable to dollar limitations for pension plans and other items for tax year 2025.   

DHS Terminates 2023 TPS Designation for Venezuela

The Department of Homeland Security (DHS) has terminated the 2023 Temporary Protected Status (TPS) designation for Venezuela. Under the termination notice, Venezuela’s TPS status pursuant to the Oct. 3, 2023 designation will be terminated effective April 7, 2025.  However, work authorization and other TPS-related benefits are valid only through April 2, 2025.

DHS Terminates 2023 TPS Designation for Venezuela

The Department of Homeland Security (DHS) has terminated the 2023 Temporary Protected Status (TPS) designation for Venezuela. Under the termination notice, Venezuela’s TPS status pursuant to the Oct. 3, 2023 designation will be terminated effective April 7, 2025.  However, work authorization and other TPS-related benefits are valid only through April 2, 2025.

Executive Order 11246 Revoked – Impact on Federal Contractors

On Jan. 21, 2025, President Donald Trump issued an executive order (“new EO”) titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”.  For federal contractors, the new EO eliminates federal contractor affirmative action plan obligations regarding race and gender (as had been required by EO 11246) and enforcement activity by the OFCCP regarding race or gender affirmative action plans. 
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Upcoming Events

Regional Alerts

California employers covered by the California Family Rights Act and the New Parent Leave Act are required to post a new notice starting April 1, 2019.

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Illinois has enacted legislation that will increase the state’s minimum wage in several phases and provide small employers with a tax credit.

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New Jersey has enacted legislation (Assembly Bill 3975) that expands the New Jersey Family Leave Act (NJFLA), the New Jersey Security and Financial Empowerment (NJ SAFE) Act, and the New Jersey Temporary Benefits Disability Law (NJTDBL).

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Private employers in New York’s Westchester County are restricted from inquiring about a job applicant’s criminal background during the preliminary stages of the application process. 

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Protections for transgender, non-binary, and gender non-conforming employees in New York have been given a boost. Significant changes to the New York City Human Rights Law (NYCHRL) will expand the scope of prohibited discriminatory conduct.

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Legal enforcement guidance on race discrimination on the basis of hair from the New York City Commission on Human Rights affirms that employer policies on appearance and grooming that ban, limit, or otherwise restrict natural hair or hairstyles may be unlawful under the New York City Human ...

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The City of Cincinnati has become the latest jurisdiction to adopt an ordinance prohibiting employers from asking about or relying on the prior salary history of prospective employees in setting starting pay.

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Oklahoma has amended its concealed carry firearm law clarifying employers’ rights and obligations with respect to prohibiting firearms on business premises.

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An amendment to the civil rights code of Portland, Oregon, extends protections against discrimination in employment, housing, and public accommodations to atheists, agnostics, and other “non-believers.” Religious facilities are expressly exempt.

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In major news for employers in Pittsburgh, the City Council just unanimously passed a new ordinance greatly expanding protections for pregnant employees and imposing several new requirements on private employers, much like those under the federal Pregnancy Discrimination Act, Americans with ...

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On March 8, 2019, the Governor of Virginia signed into law House Bill 2473 which revised the types of jobs that are included and excluded from the protections of the Virginia state minimum wage law. 

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