Compliance Stuff

Highlights U.S. Immigration and Customs Enforcement (ICE) issued updated guidance in March that materially changes how Form I-9 violations are classified. The long-standing Form I-9 fact sheet reclassifies numerous errors that had historically been treated as correctable technical violations as substantive violations subject to monetary penalties, a change that may significantly increase exposure to fines and enforcement risk for routine Form I-9 compliance errors. Employers should act promptly to review existing Forms I-9, address deficiencies and update internal compliance practices before ICE inspections potentially expose them to avoidable penalties. U.S. Immigration and Customs Enforcement (ICE) quietly issued updated guidance in March that materially changes how Form I‑9 violations are classified. ICE revised its long-standing Form I‑9  fact sheet  to reclassify numerous errors that had historically been treated as correctable technical violations as substantive violatio...

Takeaways Illinois employers may not rely solely on SSA “no-match,” IRS discrepancy notices, or similar third-party notifications to take disciplinary or termination action. Employers must meet strict notice , timing, and communication requirements, including providing employees an opportunity to respond and to involve a representative. Employees, the attorney general, and designated advocacy organizations may bring civil actions. Illinois has enacted a significant expansion of the Right to Privacy in the Workplace Act, imposing new substantive and procedural requirements on how employers must respond when they receive notices reporting discrepancies in an employee’s Social Security number , Individual Taxpayer Identification Number, or other identifying information. While the notices themselves are not new, I llinois SB 2339 has established a comprehensive framework governing how employers may act upon them, with heightened litigation exposure for employers. The law takes effect imme...

At a Glance The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters. House Committee Introduces LMRDA Reform Package  House Education and Workforce Committee Republicans introduced five bills this week to reform the Labor-Management Reporting and Disclosure Act (LMRDA), with the stated goal of promoting transparency and fairness. The legislation includes:  Union Members Right to Know Act , which would require unions to annually disclose key documents,  e.g ., collective bargaining agreements and union constitutions and bylaws, with its members;  Ask the Union Members Act , which would require unions to hold a secret ballot vote before approving a new contract or authorizing a strike;  Protecting Union Representation and Elections Act , which would ensure union officers are elected via secret ballot by union members, rather than delegates;  Fair Access to Justice for Uni...

On September 19, the U.S. Department of Justice (DOJ) announced a  False Claims Act  (FCA) settlement with a New Jersey shipyard that allegedly hired subcontractors employing undocumented workers. The recent settlement highlights an ongoing shift in the federal government’s strategy to enforce immigration laws aimed at businesses with federal contracts. It also underscores the Trump administration’s stated focus on enforcing immigration laws through various legal avenues, including criminal, civil, and administrative investigations and enforcement actions against employers. Businesses should expect and prepare for heightened scrutiny regarding their hiring and employment practices under this administration. Increased FCA Risks for Employers The FCA prohibits individuals and businesses from knowingly submitting false or fraudulent claims for payment to the federal government under 18 U.S.C. § 287 .  FCA violations  can result in civil penalties, including significan...

E-Verify is back online. After a brief period of unavailability due to the  ongoing government shutdown , the U.S. Department of Homeland Security’s (DHS) E-Verify program has resumed operations. The E-Verify system, which is used by participating employers to verify employment eligibility in the United States, had been offline since October 1, 2025, because of a shutdown-imposed lapse in federal funding . Employers that currently participate in the program will now need to  create an E-Verify case by October 14, 2025 , for each employee hired while E-Verify was temporarily unavailable. Quick Hits The federal government shutdown and resulting lapse in funding had caused E-Verify to be offline since October 1, 2025. Employers were still required to complete Form I-9s for new hires, but E-Verify participants were unable to access that system to confirm employment eligibility. Now that the system is back up,  by a deadline of October 14, 2025 , E-Verify participating employ...

Employers in Florida need to comply with the state’s stricter employment verification obligations, or they could face serious consequences. Since 2023, private businesses with at least 25 employees have been required to use the federal E-Verify system to confirm employment eligibility for new hires. Although the law garnered considerable media attention when it was first enacted, many employers may not know the state conducts compliance audits and imposes penalties for violations. Here’s how employers can be prepared and create a plan to mitigate legal and financial risks. What is E-Verify? Work Authorization Verification:   With few exceptions, all employers are required to complete a Form I-9 employment verification for new hires based in the US (and to reverify in certain circumstances). E-Verify is a free, web-based federal system that allows enrolled employers to confirm employment eligibility by electronically matching information provided on the Form I-9 against government ...