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....
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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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August 06, 2025
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Category: Agency Enforcement

Senate Confirms Andrea Lucas to Second Term on EEOC

On July 21, the U.S. Senate confirmed Andrea Lucas to a second term on the Equal Employment Opportunity Commission, extending her tenure through 2030. The Senate approved the nomination by a partisan vote of 52 to 45. EEOC’s only confirmed Commissioners are Lucas, a Republican serving as the EEOC’s Acting Chair, and Democrat Kalpana Kotagal. With three seats vacant, the...
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July 31, 2025
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Category: Agency Enforcement

2025 VETS-4212 Filing Season To Start August 1, Deadline September 30

The 2025 filing season for the annual VETS-4212 report opens August 1, the Department of Labor’s Veterans’ Employment and Training Service (DOL-VETS) has announced. The submission deadline is September 30. Any contractor that held one or more contracts or subcontracts with the federal government in 2024 valued at $150,000 or more must submit a VETS-4212 report. Completing the VETS-4212 report...
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July 30, 2025
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Category: Agency Enforcement

Revived PAID Program Offers Relief for Employers Self-Reporting Potential FLSA and FMLA Violations

DOL’s Wage and Hour Division is bringing back an updated version of the Payroll Audit Independent Determination (PAID) program. The PAID program allows an employer to report its inadvertent wage violations and pay them back, with DOL approval, without litigation or penalties. PAID aims to encourage employers to audit their own pay practices and proactively resolve potential claims with faster...
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