Confronted with a claim of discriminatory termination or retaliation, an employer’s defensive strategy most often centers on marshalling facts and evidence to—eventually—support a motion for summary judgment that leans heavily—if not exclusively—on the argument that any adverse employment actions taken were based on legitimate and non-discriminatory business reasons that the employee will not be able
USCIS Ends Automatic Extension of Employment Authorization Documents of Certain Applicants in Interim Final Rule
USCIS announced in an interim final rule on October 29, 2025, that it will end the automatic extension of Employment Authorization Documents (EADs) for most EAD card holders effective October 30, 2025. Previously, certain applicants who filed a timely Form I-765 renewal could continue working for up to 540 days after their EAD expired while
USCIS Offers Clarification on H-1B Presidential Proclamation
As detailed in our September 25th Blog Post, President Trump issued the Restriction on Entry of Certain Nonimmigrant Workers proclamation (the “proclamation”) on September 19, 2025, which created more questions than answers. On October 20, 2025, U.S. Citizenship and Immigration Services (“USCIS”) issued new guidance answering many of the questions that remained following President
California Expands Leave Laws Once Again
- Effective October 1, 2025, employees may take paid leave to serve on a jury or to appear as a witness in court in compliance with a subpoena or court order where the employee is a victim of any crime.
- Effective January 1, 2026, employees may take either paid or unpaid leave if they
SB 261: California Imposes Triple Damages for Unsatisfied Wage Judgments
Starting January 1, 2026, employers will face significant ramifications for wage judgments that remain unpaid 180 days after the deadline to appeal the final judgment has passed. After a wage claim proceeds to a hearing, the Division of Labor Standards Enforcement (DLSE) issues a decision and award. If the award is in favor of the
Update on H-1B Presidential Proclamation: What We Know and What We Do Not Know at This Time
On September 19, 2025, President Trump issued a proclamation restricting the entry of anyone seeking to enter or reenter the U.S. in H-1B status without payment of a new $100,000 fee. The proclamation, titled Restriction on Entry of Certain Nonimmigrant Workers, became effective at 12:01 a.m. Sunday, September 21, 2025, and is set to expire
New Executive Order Seeks to Trump Disparate Impact Theory of Liability
On April 23, 2025, Donald Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy,” (“EO”) which will likely significantly impact the Equal Employment Opportunity Commission’s (“EEOC’s”) enforcement of disparate impact discrimination. Disparate impact discrimination occurs when a workplace policy or practice is neutral on its face but has a disproportionate impact
The “New” Alien Registration Requirement Started April 11, 2025. Requirements to Carry Immigration Registration Document and Report Change of Address.
On April 11, 2025, USCIS began enforcing a requirement that certain foreign nationals register with the agency and submit to fingerprinting if they remain in the U.S. for 30 days or longer.
This bulletin summarizes who is (and who is not) required to register; explains the registration process created by this new policy; and outlines
Changes in the Landscape of DEI: A Shift in the Application and Understanding
Diversity, Equity, and Inclusion (“DEI”) has been at the forefront of politics and news alike in recent months. On March 19, 2025, the EEOC issued guidance aimed at addressing “illegal” DEI initiatives in employment. The guidance is called “What To Do If You Experience Discrimination Related to DEI at Work.”
Title VII of the Civil
Michigan Earned Sick Time Act Takes Effect with Significant Last-Minute Amendments
On February 21, 2025, the Michigan Earned Sick Time Act (ESTA) officially took effect, replacing the Paid Medical Leave Act (PMLA) and expanding sick time benefits for employees across the state. ESTA imposes new compliance requirements on Michigan employers and significantly broadens employee eligibility for paid sick leave. However, just before the law went into