Author Archives: admin

December 23, 2025

DHS Issues Final Rule Implementing Weighted H-1B Cap Selection Process

Ann Lee

The U.S. Department of Homeland Security (DHS) has issued a final rule, Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions, that significantly reshapes how H-1B cap-subject registrations are conducted from a random selection process to a weighted selection process that prioritizes higher-wage, higher-skilled H-1B beneficiaries while preserving access to the program across all wage levels. This rule is scheduled to take effect on February 27, 2026, in time for the FY 2027 H-1B registration season and represents one of the most consequential changes to the H-1B cap selection framework in recent years. Read more >>

December 2, 2025

California Labor and Employment Law Updates for 2026

Adam Bouka

By Adam Bouka

As we move into 2026, California continues its trend of enacting expansive and complex new employment laws. The legislative updates for 2026 span a wide range of critical workplace issues, including pay transparency, layoffs, training repayment requirements, workplace rights notices, protected leave, minimum wage, and the increasingly regulated use of artificial intelligence in employment decisions. Employers should promptly update policies, agreements, and HR practices to align with these significant changes. Below is a summary of the most impactful new laws and what employers need to know.

Training Repayment and “Stay-or-Pay” Restrictions

AB 692 establishes one of the most consequential changes for 2026 by banning most hiring-related “stay-or-pay” repayment provisions. Employers may no longer require workers to reimburse training costs, repay signing bonuses based on early resignation, or pay “quit fees,” unless the repayment fits within narrow statutory exceptions such as certain legally required training, government-backed educational programs, or approved apprenticeships. Agreements imposing prohibited repayment obligations are void, and employees may seek statutory damages and attorneys’ fees. Read more >>

August 25, 2025

Nevada NEST Program Compliance: September 1, 2025, Deadline Approaches for Private Employers

JT Washington

by JT Washington

Effective September 1, 2025, Nevada’s private-sector employers must provide employees with a tax-favored Individual Retirement Account (IRA) in accordance with the Nevada Employee Savings Trust (NEST) Program. The NEST Program was established by 2023 Senate Bill 305, which was codified in Nevada Revised Statutes Chapter 353D. NEST facilitates automatic employee payroll contributions to state-administered Roth IRAs, providing a retirement savings solution for an estimated 500,000-plus private-sector Nevada workers who do not have an option to save for retirement directly through their employer. Here is how it works:

Covered Employers and Their Responsibilities

Employers that have been in business for at least 36 months, with six or more employees in the State of Nevada, and who do not maintain a tax-favored retirement plan for their employees, such as a 401(k), 403(b), Simplified Employee Pension (SEP), or Simple IRA, must self-enroll in NEST. Employers that enroll in NEST must automatically enroll all eligible employees into NEST or a similar program offered by a trade association or chamber of commerce. Employers that enroll in NEST must also deduct applicable employee contributions from their compensation, submit the contributions to NEST, and distribute designated NEST program materials to their workforce. To remain complaint with NEST, employers must continue to send payroll contributions and maintain employee records, including updating contribution rate changes when needed, adding new employees, and marking former employees as terminated. Read more >>

July 1, 2025

The Supreme Court “Clarifies” ADA Title I Protections for Retired Workers

Patrick Bernal

By Patrick Bernal and Joseph Robertson

On June 20, 2025, the U.S. Supreme Court issued its long-awaited opinion in Stanley v. City of Sanford, No. 23-997, addressing the scope of protections available to retired workers under Title I of the Americans with Disabilities Act, 42 U.S.C. § 12112(a) (ADA), which generally prohibits disability discrimination against employees. In sum, the Court held that the ADA’s antidiscrimination protections do not extend to retired workers who no longer hold or desire a job at the time of the alleged discrimination.

Joseph Robertson

Specifically, the City of Sanford reduced health insurance benefits for its disabled retirees. At that time, the City employed Karyn Stanley as a firefighter, and Ms. Stanley was not disabled. Two years into her retirement, Ms. Stanley filed an ADA employment-discrimination claim against the City. But Ms. Stanley did not specify when she became disabled, so lower courts and the Supreme Court denied Ms. Stanley’s ADA claim, finding that she was not a “qualified individual,” under the meaning of the ADA, and thus not entitled to receive ADA protections. Instead, the Supreme Court ruled that a “qualified individual” must be a current or prospective employee only. Read more >>

June 24, 2025

CHNV Update: Revocations and USCIS Guidance Trigger Urgent Employer Action

Chris Thomas

By Chris Thomas

The Trump administration terminated the Cuba, Haiti, Nicaragua, Venezuela parole (CHNV parole) program on June 12, 2025. See our initial guidance here. According to the administration, notices have been sent to affected parolees advising:

Their status has been terminated,
Their employment authorization documents (EADs) have been revoked—“effective immediately,” and
They are expected to leave the country (self-deport).

What This Means for Employers

The decision to immediately, and without warning, terminate the CHNV parole program that involves 530,000 participants, creates urgent compliance and workforce implications for employers.

Initially, the administration provided guidance only to affected parolees. Then, late on Friday, June 20, 2025, U.S. Citizenship & Immigration Services (USCIS) sent employers enrolled in E-Verify a notification (E-Verify Notification) outlining the option to access a “new report to help . . . identify if any of [their] E Verify cases was created with an EAD that has been revoked.” USCIS added, “The report contains the document revocation date, case number, and A number for each affected case” (EAD Report). Read more >>

June 13, 2025

CHNV Parole Program Ends, Creating Urgent Employer Compliance Obligations

Chris Thomas

By Chris Thomas

Note: On June 24, 2025 an article was published that provided an update to this topic titled “CHNV Update: Revocations and USCIS Guidance Trigger Urgent Employer Action.”

The administration terminated the Cuba, Haiti, Nicaragua, Venezuela parole (CHNV parole) program yesterday (June 12, 2025). See: https://www.dhs.gov/news/2025/06/12/dhs-issues-notices-termination-chnv-parole-program-encourages-parolees-self-deport. According to the administration, notices have already been issued to affected parolees advising their status has been terminated, their employment authorization documents (EADs) revoked “effective immediately,” and that they are expected to self-deport.

What This Means for Employers

The decision to terminate the CHNV parole program immediately, without any notice, has surprised employers. Many employers anticipated that the administration would provide advance notice before terminating the program. Interestingly, only a day before the program’s termination, President Trump acknowledged the difficulty employers face in replacing workers in sectors impacted by recent immigration raids. With 530,000 individuals participating in this program, employers who have relied on CHNV parole workers will most certainly feel the hit.

At this point, the administration has provided guidance only to affected parolees. Although we have received some information that suggests the administration may develop guidance for employers, it remains unclear whether any such guidance will materialize, particularly given past inaction in similar situations. Read more >>

June 11, 2025

Fairness Isn’t Optional: Lessons from Google’s $50M Bias Case and SCOTUS on Title VII

Adam Bouka

By Adam Bouka

In May 2025, Google agreed to pay $50 million to settle a high-profile class action brought by Black and multiracial employees who alleged systemic racial discrimination in hiring, leveling, and promotion. That same month, the US Supreme Court unanimously held in Ames v. Ohio Department of Youth Services that Title VII does not impose extra burdens on plaintiffs from “majority” groups. Together, these developments represent a clarion call for HR leaders: equity must be pursued with integrity, and legal compliance must rest on neutral standards.

Google’s $50M Settlement: A Warning and a Blueprint

In Curley v. Google LLC, a group of Black and multiracial employees alleged that Google maintained a “two-tiered” workplace system that consistently placed them at a disadvantage. According to the lawsuit, even though these individuals had qualifications and experience equal to or greater than their peers, they were often hired into lower-level positions. Once employed, they faced limited opportunities for advancement, were subject to racial stereotyping, and remained largely excluded from leadership roles due to a workplace culture that failed to support equity and inclusion. Read more >>

May 28, 2025

International Student Visa Interviews Halted for Expanded Social Media Screening

Samantha Wolfe

By Samantha Wolfe

The U.S. Department of State (State Department) has directed consular sections worldwide to suspend the scheduling of new interviews for international student and foreign exchange visitor visa applicants as it prepares to implement expanded screening of applicants’ social media activity. The directive, issued via internal cable and signed by Secretary of State Marco Rubio, applies to F, M, and J visa categories, which cover academic, vocational, and exchange programs. The suspension is effective immediately but does not impact applicants who already have interviews scheduled.

This action follows a broader effort by the Trump administration to intensify scrutiny of international students and the institutions that host them. The cable instructs posts that “in preparation for an expansion of required social media screening and vetting,” consular officers should not “add any additional student or exchange visitor visa appointment capacity” until further guidance is issued. Read more >>

May 27, 2025

The Approaching Social Security Number No-Match Flood

Chris Thomas

By Chris Thomas

Employers should be aware that we anticipate a flood of Social Security Number (SSN) no-match letters in the coming weeks. In the world of I-9 compliance, companies are stuck between the proverbial rock and a hard place. On the one hand, if they fall short in their compliance efforts, they face potential scrutiny from the Department of Homeland Security/Homeland Security Investigations (DHS/HIS). On the other hand, if they go too far in their vetting efforts, they face the wrath of the Department of Justice/Immigrant & Employee Rights (DOJ/IER). A few years ago, DOJ/IER published FAQs on how employers should navigate an SSN no-match notification. Some question whether DOJ/IER under the current administration would continue to enforce such rules, and yet, even if that’s true, nobody should question whether the private bar would be willing to take on such cases. Read more >>

May 22, 2025

New AI Hiring Rules and Lawsuits Put Employers on Notice: What HR Needs to Know

Adam Bouka

By Adam Bouka

Artificial Intelligence (AI) is transforming how companies find, evaluate, and hire talent—but it’s also raising red flags among regulators and courts. Two big developments in May 2025 show that HR teams must take a closer look at their hiring tools to avoid legal and compliance risks.

Let’s break it down.

What’s Happening in California?

California is preparing to implement new civil rights regulations that are likely to impact the use of automated decision-making systems (ADSs) in employment and other state-supported programs. These rules—expected to take effect as soon as July 1, 2025—aim to prevent discrimination based on protected characteristics such as race, gender, age, disability, or religion. While the regulations don’t ban AI tools outright, they make it unlawful to use any system, automated or not, that results in discriminatory outcomes. Read more >>