NLRB GC CALLS FOR LESS AGGRESSIVE ENFORCEMENT OF WORKPLACE RULE VIOLATIONS
- National Labor Relations Board (NLRB) General Counsel (GC), Crystal Carey, has issued a new directive calling for less aggressive enforcement of workplace rule violations. The memorandum discourages the routine use of enhanced remedies (such as notice headings, apology letters, or nationwide postings) in settlement practice.
- To that end, the memo directs NLRB regions to promptly seek settlement of pending cases based solely on the maintenance of potentially unlawful rules. In the memo, the GC noted such cases are inefficient use of NLRB resources where there has been no enforcement or actual impact on employees.
- The memo provides further guidance aimed at efficiency, such as requiring that charging parties submit supporting evidence within two weeks of filing a charge.
VETS-4212 Data Published on New DOL Open Data Portal
- The U.S. Department of Labor (DOL) has launched a new open data portal to enhance agency alignment and public access to workforce information collected and maintained by DOL agencies. The portal includes over 40 categories of data from agencies such as OSHA and the Wage and Hour Division.
- Federal contractors should be aware the portal includes company-specific data from VETS-4212 Reports previously filed with the Veterans’ Employment and Training Service (VETS).
- Under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), covered federal contractors and subcontractors are required to annually report, via VETS-4212 Reports, information about the total number of employees and new hires by location, along with information about how many employees and new hires self-identified as protected veterans by location.
TPS Update for Burma, Ethiopia, Haiti, and More- Employer I-9, E-Verify Checklists Following Agency Guidance
- The USCIS and E-Verify have published coordinated employer guidance confirming how to handle I-9 and E-Verify compliance for current Temporary Protected Status (TPS) beneficiaries.
- Federal courts have stayed, or paused, the planned termination of Burma, Ethiopia, Haiti, Somalia, South Sudan and Syria’s TPS. The court stays to preserve TPS protections and work authorization while litigation continues.
Form I-9
The guidance directs employers to complete Section 1 and Section 2 on I-9s as follows:
New Hire Instructions:
-Section 1 (“Expiration Date”) – input “as per court order”
-Section 2 (“Expiration Date (if any)”) – input as follows:
- Burmese TPS holders: “March 30, 2026”
- Ethiopian TPS holders: “April 8, 2026”
- Haitian TPS holders: “March 27, 2026”
- Somalian TPS holders: “March 31, 2026”
- South Sudanese TPS holders: “April 10, 2026”
- Syrian TPS holders: “March 24, 2026”
Existing Employee Instructions:
- Additional Information Box or Supplement B: Add a note saying, “as per Court Order” and referencing USCIS guidance.
- These updates apply even if the EAD shows an earlier printed expiration date. The court orders extend validity through the new respective dates. Do not ask employees for updated documents unless a final court determination or new DHS or USCIS guidance changes the situation.
E-Verify
The E-Verify echo the I-9 approach for new hires:
- When creating or updating a case for a TPS holder, use the expiration dates from Section 2 of the I-9, as listed above, in the E-Verify case.
- Do not treat the earlier printed date on the EAD as the controlling expiration for E-Verify purposes.
Do not run a second E-Verify for existing employees.
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