News

The Trump administration has begun revoking the immigration status for some workers before the expiration date printed on their EADs. With E-Verify, that change was pushed your way automatically. DHS changed that practice and placed the burden on employers.

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

You may rightly worry that posting jobs similar to ones that were eliminated could spur a lawsuit. But if you can clearly explain why you decided to reopen positions that were eliminated earlier, courts are unlikely to conclude you intended to discriminate against those who were not retained during the earlier RIF.

Hiring someone with work authorization that expires may mean more monitoring on the employer’s part. But preferring citizens or permanent residents over others for convenience violates both Title VII and our immigration laws.

Your employee referral program could backfire if it leads to too many employees who are alike in terms of sex, race, age or other protected characteristics. In fact, courts regularly penalize companies that rely too heavily on employee referral programs, saying they foster homogeneous workforces and perpetuate discrimination.

Under increasing pressure, Immigration and Customs Enforcement has entered the next phase of immigration enforcement—strict scrutiny of Forms I-9 and workplace raids.

In a significant new development, the Department of Justice’s Criminal Division has issued a memo elevating immigration violations to white-collar crime status. At the same time, it’s also expanded a corporate whistleblowing pilot program to include immigration violations.

Earlier this year, the Littler Mendelson law firm surveyed 350 in-house lawyers, business executives and HR professionals and asked them what their greatest concerns were for managing employees this year. Here are their top three.

If you’re planning on hiring teenagers this summer, remember the Fair Labor Standards Act has strict rules regarding the jobs and hours teens may work.

During the hiring process, critical insights often emerge between the lines of résumés and during unguarded moments in interviews. For HR professionals, detecting these signals—whether they’re explicit comments that raise eyebrows or subtle inconsistencies in background verification—requires expertise and careful attention.