June 27, 2025

Beat the Heat (Before OSHA Does): What HR and SHEA Need to Know

Adam Bouka

With summer temperatures rising and OSHA’s heat hazard enforcement intensifying, Human Resources and SHEA (Safety, Health, Environmental, and Awareness) teams play a critical role in keeping their organizations compliant—and employees safe. On January 16, 2025, OSHA extended its National Emphasis Program (NEP) on Outdoor and Indoor Heat-Related Hazards through April 2026. This renewed focus underscores OSHA’s commitment to preventing heat-related illnesses and fatalities—and puts businesses squarely in the agency’s sights.

Adding urgency to these requirements, the National Weather Service reports that a dangerous “early-season heat dome” has already gripped large portions of the eastern U.S., bringing the highest temperatures seen in years. These extreme heat events are becoming more frequent—and more deadly—making employer compliance with OSHA’s heat protections both a legal and practical imperative. 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Their employment authorization documents (EADs) have been revoked—“effective immediately,” and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 identify if any of [their] E Verify cases was created with an EAD that has been revoked.”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 >>

May 14, 2025

Are You Ready for a Surprise Visit from USCIS? How to Prepare for an Administrative Site Visit

Samantha Wolfe

By Samantha Wolfe

U.S. Citizenship and Immigration Services (USCIS), through its Fraud Detection and National Security Directorate (FDNS), regularly conducts unannounced site visits to employers who sponsor foreign workers. If your organization employs H-1B, L-1, or other nonimmigrant workers, it’s critical to be prepared.

What Is an Administrative Site Visit?

An Administrative Site Visit (ASV) is an on-site inspection designed to verify the facts in an immigration petition and ensure compliance with immigration rules. These visits often occur without advance notice and may take place at your headquarters, HR department, client sites, or even a remote work location listed in the petition or associated Labor Condition Application (LCA). Read more >>

April 23, 2025

A Shoddy Investigation Is Not Retaliatory

Mark Wiletsky

by Mark Wiletsky

When an employee complains of discrimination or harassment, companies often investigate the matter. Doing so allows a company to address alleged improper behavior and it may allow the company to avoid potential liability – if it takes prompt remedial action. But what if the employee believes the company’s investigation was half-hearted or inadequate – is that retaliatory? A recent decision from the Tenth Circuit Court of Appeals affirms that even a shoddy investigation does not give rise to a retaliation claim, absent some additional harm.

Stacie Culp and Stephanie Peters worked as servers at a restaurant operated by Remington of Montrose Golf Club (Remington). Both alleged that they were sexually harassed by the bartender / assistant floor manager. Initially, neither Culp nor Peters reported the harassment. Peters alleged that Remington management had not taken action in response to past complaints, and Culp feared that her complaints would not be taken seriously.

Culp eventually mentioned the harassment to a manager at a different restaurant, where she applied to return to her former job. This information reached Remington’s management, prompting an investigation. Remington interviewed 10 female servers, but asked each person only two questions: (1) is there anything inappropriate around the bartender that you would like to disclose or talk about, and is there anything you would like to add? Remington did not ask the individuals whether they had witnessed any inappropriate conduct between Culp or Peters and the bartender, nor did it ask follow-up questions, even when the interviewees disclosed harassment or other inappropriate conduct. Read more >>

April 22, 2025

Q&A: Paying Out PTO At Termination

Mark Wiletsky

by Mark Wiletsky

Question: If we offer unlimited paid time off (PTO) and employees don’t accrue PTO, do we have to pay anything out at termination?

Answer: Generally, the answer is no, but there is limited case law on this question and the answer may change based on how the unlimited PTO is administered. Under Colorado and other state laws, vacation is considered is a wage. Therefore, vacation cannot be forfeited and any accrued, unused vacation must be paid upon separation from employment. Paid Time Off (PTO) is typically viewed as a form of vacation and, therefore, it is arguably subject to the same rules.

With unlimited PTO, however, no PTO is accrued. Hence, no PTO is payable upon termination of employment. But that can change if the unlimited PTO is not truly unlimited. The Colorado Division of Labor and Employment provides the following guidance on this topic: Read more >>