News & Analysis as of June 2, 2025

Department of Justice (DOJ)

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

The PEO Immigration Survival Guide for 2025

Fisher Phillips on 4/11/2025

It’s been a tumultuous start of the second Trump administration when it comes to immigration, and things won’t be slowing down anytime soon. What do PEOs need to know about the current state of affairs, and what can you do to...more

The Cost of Non-Compliance: Insights from IERs Settlement Agreement with Great Dane LLC

Seyfarth Shaw LLP on 12/9/2024

On November 25, 2024, the U.S. Department of Justice (DOJ) announced a settlement with Great Dane LLC (Great Dane), a trailer manufacturing company, over allegations of discriminatory hiring practices against non-U.S....more

Top 10 Workplace Law Predictions for 2024

Fisher Phillips on 12/29/2023

It’s never easy to make accurate predictions about what we’ll see in the workplace in the coming year, especially given the recent volatility we’ve experienced and expect for the foreseeable future. Despite the ever-present...more

Diversity in Citizenship, Immigration Status, and National Origin: How to Navigate Modern Workforce Demographics

Baker Donelson on 12/12/2023

As of 2021, about 45 million people living in the U.S. were born in other countries. Though this number has declined since the 2018 peak of 47 million, foreign-born residents have averaged 15 – 16 percent of the U.S....more

Summer Doldrums? Not for Human Resources Teams and I-9s!

Guidepost Solutions LLC on 7/26/2023

I don’t think the word “doldrums” is used very much anymore, but I do remember it vividly from when I was a child. It was predominantly used in connection to the lazy hazy days of summer when things were hotter than heck and...more

DHS Announces New Form I-9 and Remote Verification for E-Verify Employers

Sheppard Mullin Richter & Hampton LLP on 7/25/2023

The Department of Homeland Security (“DHS”) announced on July 21, 2023 they will publish a revised version of Form I-9 on August 1, 2023. DHS also announced an enhanced remote verification flexibility using video for E-Verify...more

Employer Verification and H-1B Cap Lottery Season: 2022 New Year Action Items and Tools

Alston & Bird on 2/14/2022

A new year means all-new paperwork (and plenty of it) for employers using E-Verify and hiring H-1B foreign workers. ...more

ICE Stays the Course and Extends I-9 Flexibility

Seyfarth Shaw LLP on 9/17/2020

On September 15, 2020, Immigration and Customs Enforcement (ICE) announced that employers have an additional 60-day extension to the flexibilities in rules related to Form I-9 completion. This extension relates to the...more

Longest Government Shutdown In History Is Impacting Workplace Law

Fisher Phillips on 1/14/2019

As of Saturday, the current federal government shutdown became the longest in our nation’s history—and employers are starting to feel the sting. While the peculiarities of the federal budget process meant that this shutdown...more

How The Government Shutdown Is Affecting Your Workplace

Fisher Phillips on 12/27/2018

Because Congress and the president could not approve a stopgap funding bill by midnight on December 21, the federal government partially shut down, with no compromise in sight. What will this mean for employers across the...more

Immigration Crash Course: What to Know About ICE Enforcement Activities

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/5/2018

U.S. Immigration and Customs Enforcement (ICE) continues a record-setting pace in auditing and investigating employers over worksite and I-9/E-Verify compliance concerns. Join Denver shareholder Chris Thomas as he covers the...more

New I-9 Form

Womble Bond Dickinson on 8/4/2017

Employers must begin using a new I-9 Form no later than September 18, 2017. The U.S. Citizenship and Immigrations Services has changed the list of documents which new employees may use to complete the form. The newly revised...more

The Employment Verification Circus Continues

Alston & Bird on 5/4/2017

A circus act featuring a performer displaying her balancing ability is akin to the employment verification process where an employer must attempt to cope with several often-conflicting factors and activities. In this delicate...more

Four Hot Labor and Employment Issues in Automotive in 2017 - Part 2

Foley & Lardner LLP on 2/16/2017

Friday we took a look at two important labor and employment questions for automotive employers and suggested next steps to consider during 2017. Today we’ll examine questions three and four....more

New Rule On Unfair Immigration-Related Employment Practices Effective January 18, 2017

Baker Donelson on 1/3/2017

On December 19, 2016, the Department of Justice (DOJ) issued a final rule that revises the DOJ’s regulations implementing certain provisions of the Immigration and Nationality Act (INA) related to to unfair immigration...more

DOJ Proposes Expanding Reach of INA's Anti-Discrimination Provisions

Parker Poe Adams & Bernstein LLP on 8/29/2016

Employers already know that Title VII prohibits discrimination on the basis of national origin and citizenship status. However, they may not be aware that the federal Immigration and Nationality Act also contains...more

Fines for I-9 and Other Immigration Violations Have Increased as of August 1, 2016

Littler on 8/12/2016

The U.S. Departments of Homeland Security (DHS), Labor (DOL) and Justice (DOJ) have increased the civil fines for employers that commit immigration-related offenses, such as unfair employment or discrimination practices, H-1B...more

Government Outlines Key Labor and Employment Initiatives

Foley & Lardner LLP on 4/20/2016

Representatives of the Equal Employment Opportunity Commission (EEOC), as well as the Department of Labor and the Department of Justice (DOJ), participated in an American Bar Association Equal Opportunity Law conference in...more

DOJ Warns That Employers Using Labor Contractors That Violate Anti-Discrimination Laws May be Held Liable

Littler on 1/28/2016

The Department of Justice's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently issued an opinion letter clarifying that employers that carry out discriminatory employment practices,...more

DHS Proposes Changes to E-Verify Program: I-9 Reverifications and FNC Formal Reviews

Foley & Lardner LLP on 7/22/2015

As employers continue to enroll in the E-Verify program at a high rate, the United States Department of Homeland Security (DHS) is considering various changes to this key program. Some of these changes place additional...more

The U.S. Department Of Justice Confirms That Participation In E-Verify Does Not Provide Blanket Protection to Employers

Laner Muchin, Ltd. on 6/27/2014

In U.S. v. Golf International, an employer contended that E-Verify participation should entitle it to a presumption that it did not violate immigration laws after being issued an initial fine of $136,697 for failing to...more

U.S. Department of Justice Cautions Employers to Ensure that Electronic I-9 Systems Comply with I-9 Requirements

Laner Muchin, Ltd. on 3/12/2014

In a recent meeting between the U.S. Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) and the American Immigration Lawyers Association, the OSC cautioned that...more

Department Of Justice And NLRB Agree To Begin Referring Employee Claims To One Another

Laner Muchin, Ltd. on 8/20/2013

In July 2013, the U.S. Department of Justice announced that the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) signed a Memorandum of Understanding (MOU) with the National Labor Relations...more

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