On March 16, 2026, the U.S. Immigration and Customs Enforcement (“ICE”) issued guidance on how Form I-9 violations are classified. Specifically, errors that previously would be considered correctible technical violations are now reclassified as substantive violations subject to monetary penalties. The newly issued guidance reclassifies the following common errors as substantive: In addition, when using […]
As a reminder, effective April 18, 2026, New York State will prohibit employers from obtaining or using consumer credit history for employment decisions (with limited exceptions explained below). Specifically, Governor Hochul signed an amendment to the New York State Fair Credit Reporting Act that makes it unlawful for an employer, labor organization, employment agency, or […]
New York State Governor Kathy Hochul has signed a law that amends the New York Fair Credit Reporting Act to prohibit employers from obtaining or using credit history for employment decisions. The law becomes effective April 18, 2026. Specifically, the amendment makes it unlawful for an employer, labor organization, employment agency, or its agent to: […]
Since October 1, 2025, the federal government has been shut down due to a lapse in funding causing many governmental programs including the U.S. Department of Homeland Security’s (“DHS”) E-Verify system to cease operations. E-Verify, which allows employers to verify employment eligibility in the United States, has now resumed operations. Employers can create an E-Verify […]
On September 19, 2025, President Trump issued a Proclamation entitled, “Restriction on Entry of Certain Nonimmigrant Workers,” which places limitations on the entry of H-1B specialty occupation workers into the United States. The Proclamation took effect on Sunday, September 21, 2025. Specifically, the Proclamation provides that H-1B specialty occupation workers will not be allowed into […]
On April 2, 2025, the U.S. Citizenship and Immigration Services (“USCIS”) issued a new version of the Form I-9, Employment Eligibility Verification, with some minor changes to align with statutory language and updated the DHS Privacy Notice. The revised Form I-9 with an edition date of January 20, 2025 and an expiration date of May […]
New York State is the first state ever to mandate paid prenatal leave entitlement. Beginning January 1, 2025, New York State employers will be required to provide up to 20 hours of paid leave in a 52-week period for pregnant employees to attend prenatal medical appointments and procedures. The leave is in addition to employees’ existing […]
As we previously reported, the New York State Clean Slate Act will become effective November 16, 2024. The new law provides for the automatic sealing of certain criminal history records and new obligations for employers that conduct background checks. Specifically, for individuals with a misdemeanor conviction, if at least three years have passed since the […]
The New York City Commission on Human Rights has issued proposed amendments to its rules governing employment discrimination based on criminal history. Specifically, the proposed rules amend portions of the New York City Fair Chance Act which prohibits employers from inquiring into an applicant’s criminal background before a conditional offer of employment is made or […]
As we previously reported, New York recently enacted the “Freelance Isn’t Free Act,” which provides new protections for freelance workers throughout the state. As a reminder, the new law takes effect on August 28, 2024, and sets forth certain requirements for employers when retaining the services of a freelance worker. The key aspects of the […]
On June 28, 2024, the United States Department of Homeland Security (“DHS”) issued a final rule that will impose higher fines on employers that fail to comply with I-9 regulations. According to DHS, the final rule adjusts its civil monetary penalties for 2024 to account for inflation. The increased penalties for I-9 violations are as […]
On November 22, 2023, New York Governor Kathy Hochul signed into law the “Freelance Isn’t Free Act,” which provides new protections for freelance workers throughout the state. The new law takes effect on August 28, 2024, and sets forth certain requirements for employers when retaining the services of a freelance worker. The key aspects of […]
