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Executive Order 14026 Regarding Federal Contractor Minimum Wage Rescinded.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EO 13658 a previous order setting a lower minimum wage, was not rescinded.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

Fifteen (15) additional states now require employers provide Separation Notices to worksite employees upon termination of employment. Separation Notices, available within ADP TotalSource, must be provided by your client administrator to the worksite employee.

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The city of Santa Rosa California has approved an ordinance that temporarily expands emergency paid sick leave for employees within city limits. The ordinance is effective immediately and expires on December 31, 2020.

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The city of Sacramento California has adopted an ordinance that provides certain protections to workers regarding COVID-19. The ordinance took effect on July 15, 2020 and expires on December 31, 2020.

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Oakland is one of several California cities that have expanded the requirements for providing emergency paid sick leave. Oakland's ordinance went into effect on May 12, 2020 and expires on December 31, 2020.

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Colorado has enacted legislation (Senate Bill 20-205) that will require employers to provide paid sick leave and public health emergency leave to employees. The leave must be paid at least at the same rate the employee normally earns during worked hours.

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Colorado has enacted legislation (House Bill 20-1415) that prohibits employers from taking adverse action against a worker who raises safety or health concerns related to a public health emergency or who voluntarily wears their own personal protective equipment (PPE). House Bill 20-1415 is ...

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Colorado has adopted a final rule that clarifies the requirements for wage statements and requires employers to provide access to certain employee records. The final rule takes effect July 15, 2020.

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Florida has enacted legislation (Senate Bill 664) that amends the state's rules for verifying that newly hired workers are authorized to work in the United States.

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Georgia has enacted legislation (Senate Bill 408) that extends rules governing employers that provide sick leave to employees and amends unemployment benefit rules. Senate Bill 408 took effect on June 29, 2020.

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South Carolina has enacted House Bill 3200 also known as the South Carolina Lactation Support Act (the "Act"), which provides protections to employees who express breast milk at work. The Act takes effect July 25, 2020.

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Tennessee has enacted legislation (Senate Bill 2520) that protects pregnant workers. Senate Bill 2520 takes effect October 1, 2020.

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The Virginia Safety and Health Codes Board enacted a temporary workplace safety standard in response to the COVID-19 pandemic. The Emergency Temporary Standard is effective July 27, 2020.

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The State of Washington has enacted legislation (House Bill 2602) that expands the definition of race discrimination to include traits historically associated with race. House Bill 2602 is effective June 11, 2020. The State of Washington has enacted legislation (House Bill 2602) that ...

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The District of Columbia has enacted an emergency ordinance that requires employers with 50-499 employees to provide paid leave to employees impacted by COVID-19. The emergency ordinance also temporarily expands the D.C. Family and Medical Leave Act (DCFMLA). The emergency ordinance took effect ...

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