October 10, 2025
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Category: Agency Enforcement

E-Verify Re-Opens During Government Shutdown

E-Verify has resumed operations despite the government shutdown. Its temporary outage prevented employers from creating new cases and addressing tentative nonconfirmations (TNCs), but now that the system is back up, employers must promptly fulfill their E-Verify obligations. E-Verify employers have until October 14 to create new cases for employees hired during the outage. When the system requests an explanation for...
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October 09, 2025
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Category: Agency Enforcement

Third Circuit Limits DOL’s Power To Impose Penalties Under H-2A Program

DOL must pursue civil penalties and back wages for alleged violations of its H-2A visa regulations in federal court instead of unilaterally imposing these payments on an employer, the U.S. Court of Appeals for the Third Circuit ruled in Sun Valley Orchards v. DOL. DOL alleged that a New Jersey employer violated the H-2A visa program by coercing employees to end...
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October 08, 2025
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Category: Agency Enforcement

Senate OKs EEOC, Labor Nominees To Advance The Administration’s Agenda

The Senate has confirmed many Trump Administration nominees to key roles in workplace regulatory agencies, giving the EEOC a quorum and positioning DOL agencies to more effectively advance the President’s agenda. Newly confirmed nominees include: Brittany Panuccio (EEOC Commissioner); Jonathan Berry (Solicitor of Labor); Wayne Palmer (Assistant Secretary of Labor, MSHA); Julie Hocker (Assistant Secretary of Labor, ODEP); David Keeling...
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October 06, 2025
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Category: Agency Enforcement

DHS Proposes H-1B Rule That Favors Higher-Paid Workers In Lottery

The Department of Homeland Security proposed a rule September 24 that would replace the current random H-1B visa lottery with a weighted selection system that favors beneficiaries in higher-paying jobs. Under the proposed rule, when registering for the H-1B lottery, employers would need to provide the offered wage, the corresponding wage level, the job’s SOC code, and the work location. Lottery...
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October 02, 2025
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Category: Agency Enforcement

E-Verify Suspended During Shutdown — What Employers Need To Know

As of October 1, the E-Verify system is temporarily unavailable because of the government shutdown. This means that for the duration of the shutdown employers will be unable to access their accounts or perform any E-Verify-related actions, including case creation, user management, or mismatch resolution. The Department of Homeland Security has suspended the three-day rule for creating E-Verify cases, but Form...
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October 01, 2025
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Category: Agency Enforcement

Partial Government Shutdown Closes Most Agencies Responsible For Workplace Regulation

Congress failed to pass annual appropriations or a stopgap measure, resulting in a federal government shutdown effective October 1, 2025. Most workplace enforcement agencies — including the Labor Department’s OFCCP, Wage and Hour Division, and DOL-VETS, along with the EEOC and NLRB — have suspended nearly all operations. Only limited essential functions continue, and agency staff are largely unavailable to...
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September 30, 2025
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Category: Agency Enforcement

Ashley Romanias Takes Over As OFCCP Director

The Trump Administration has quietly installed a new Director of the Office of Federal Contract Compliance Programs. While there is no official word yet from the Department of Labor, Ashley Romanias has taken the helm at OFCCP, a key appointment that does not require confirmation by the U.S. Senate. According to her LinkedIn profile, Ms. Romanias began working as a...
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September 22, 2025
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Category: Agency Enforcement

FTC Seeks Public Input On Noncompete Agreements

The Federal Trade Commission has issued a “Request for Information Regarding Employer Noncompete Agreements” to help it understand the prevalence and impact of employer noncompete agreements. This follows the agency’s September 5 decision to stop fighting a court decision that blocked a Biden-era rule banning most noncompetes. Noncompete agreements prohibit employees from working for their employer’s competitors or starting a competing business...
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September 15, 2025
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Category: Agency Enforcement

First 2025 Regulatory Agenda Confirms Policy Shifts But Includes Few Surprises

The Administration has published the first regulatory agenda of President Trump’s second term. The semi-annual agenda includes the following items likely to affect workplace compliance programs: An anticipated interim final rule by the FAR Council to implement E.O. 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity; OFCCP’s proposed rules to rescind regulations implementing E.O. 11246 and significantly revise regulations implementing...
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August 26, 2025
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Category: Agency Enforcement

EEOC Guidance to Federal Agencies Emphasizes Importance of Maintaining Proactive EEO Plans

The Equal Employment Opportunity Commission released FAQs reminding federal agencies that they must submit equal employment opportunity (EEO) plans in adherence to Management Directive 715. MD-715 sets standards for the EEO programs required of federal agencies by Title VII and Section 501 of the Rehabilitation Act. Its goal is to ensure equal employment opportunities for applicants and employees in the...
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