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Executive Order 14026 Regarding Federal Contractor Minimum Wage Rescinded.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EO 13658 a previous order setting a lower minimum wage, was not rescinded.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

The California Labor Commissioner’s Office has issued guidance on the new pay schedule for agricultural workers under the Phase-In Overtime for Agricultural Workers Act of 2016 that took effect January 1, 2019.

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Kentucky employers must provide reasonable accommodations to employees who are limited due to pregnancy, childbirth, and related medical conditions, unless it would impose an undue hardship on the employer to do so.

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Maine has passed a new law prohibiting employers from inquiring about an applicant’s compensation history until after making an offer of employment.

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Maryland has enacted legislation (Senate Bill 280) that will increase the state’s minimum wage in several phases. 

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Baltimore has enacted new lactation accommodation requirements, including a requirement for covered employers to adopt a lactation room policy.

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Massachusetts has released a new guide for employers on the Massachusetts Paid Family and Medical Leave Act.  It has also issued a mandatory workplace poster, and template notices employers may use to fulfill the notice requirement to employees and 1099-MISC independent contractors. 

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As previously reported, Michigan’s Paid Medical Leave Act went into effect on March 29, 2019.  Michigan has now launched a website regarding the new Paid Medical Leave Act.  Among other things, the website includes a frequently asked questions section and a mandatory model ...

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New Jersey has enacted legislation (Senate Bill 1567) that will require employers with 20 or more employees to offer employees the opportunity to use pre-tax income to purchase qualified commuter benefits.

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A New Jersey appellate court has held that a disabled employee may sue his former employer under the New Jersey Law Against Discrimination (“NJLAD”) for alleged discrimination based on the employee’s use of medical marijuana.

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New Mexico had enacted legislation (Senate Bill 96) that will prohibit employers from asking about criminal history on employment applications.

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New Mexico has enacted legislation that will require employers that provide paid sick leave to allow employees to use the leave to care for covered family members.  

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The New Mexico medical marijuana law has been amended to provide employment protections to employees and applicants. 

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Westchester County in New York has enacted an ordinance that requires employers to provide sick leave to employees who work in the county.  Westchester County has released a Poster for the Westchester County Earned Sick Leave Law (“WCESLL”), revised Model Notice and FAQs for ...

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New York has enacted legislation (Senate Bill 1505) that requires employers to give employees up to three hours of paid time to vote.

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The New York City Commission on Human Rights (CCHR) has released model policies for the City’s lactation room law, effective March 18, 2019.

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The Oklahoma Medical Marijuana and Patient Protection Act was signed into law by Oklahoma Governor Stitt on March 14, 2019.  The law clarifies certain regulatory aspects of the state’s existing medical marijuana law, and includes certain provisions that will be helpful to ...

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Virginia has enacted a law that amends the information that must be provided by employers to employees on their wage statements provided at the time of pay. 

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The Washington Employment Security Department has now announced that the Paid Family and Medical Leave Program reporting deadline for the first quarter (April 30) will be pushed back to July 31, 2019.  Employers will now report and remit premiums for quarters one and two between July 1 ...

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The District of Columbia is implementing Paid Family Leave.  Among the requirements, the District will collect taxes from all private sector employers located in the District to fund the Paid Family Leave benefit.  This requires employers to begin recording workers’ wages on ...

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The District of Columbia is implementing Paid Family Leave.  Among the requirements, the District will collect taxes from all private sector employers located in the District to fund the Paid Family Leave benefit.  This requires employers to begin recording workers’ wages on ...

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