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December 15, 2025 Overview U.S. Citizenship and Immigration Services (USCIS) has implemented major changes to Employment Authorization Document (EAD) policies. These updates end the automatic 540‑day extension for most EAD renewals and reduce the maximum EAD validity period to 18 months for certain categories, including adjustment of status applicants, asylum seekers and refugees.   End of Automatic EAD Extensions (Effective October 30, 2025) The Interim Final Rule (IFR), published on October 30, 2025, immediately ended the long-time practice of automatically extending the validity of EADs for individuals who timely file renewal applications. The IFR did not impact the validity of EADs that were automatically extended prior to October 30, 2025, or EADs automatically extended by law or regulations.   Affected Categories • Adjustment of Status Applicants (C09):  Applicants with pending I 485 applications. •  Asylum Applicants & Related Categories (C08, A03, A05):  Pending asylum and refugee applicants, and those granted withholding of removal. • Temporary Protected Status (TPS) Holders (A12, C19): Unless a Federal Register notice extends their designation and work authorization. • Dependent H-4 Spouses: H 4 (C26)  even with an unexpired I-94. • VAWA Self Petitioners (C31):  Approved self petitioners and their children.     All of these groups will now receive EADs valid for a maximum of 18 months. For employers and foreign nationals, this change carries several important implications. Renewal applications will need to be filed more frequently, which increases both the overall filing volume and associated costs. The higher demand is also expected to lengthen USCIS processing times, creating additional administrative burdens. Most critically, the combination of shorter validity periods and the end of automatic extensions raise the risk of gaps in employment authorization, making careful planning essential to avoid disruptions in work authorization eligibility.   Employer and Employee Takeaways To avoid disruption in work authorization and exposure to employer sanctions for continuing to employee unlawful workers, employers should vigilantly shore-up I-9 compliance and monitoring practices. If not already in place, employers should implement tickler systems to identify employees with expiring work authorization documents to notify them of the upcoming expiration more than 180 days before the EAD expires. This will ensure the I-9 reverification process is completed well in advance of the work authorization expiration date and lessen breaks in work authorization. Employees should file their EAD renewal applications as early as possible – six months prior to expiration for most categories. Filing even a month or two later could result in temporary lapses in work authorization.

December 12, 20205 In Florida, two recent court rulings and a number of laws enacted in 2025 will directly impact employers. This article summarizes the two cases and the new laws, which address open carry of guns, medical marijuana use by employees, restrictive covenants with employees, workers’ compensation rules, and insurance coverage for fertility preservation services. Quick Hits In 2025, Florida enacted new laws concerning restrictive covenants with employees, workers’ compensation rules, and insurance coverage for fertility preservation services. A recent court ruling overruled the state’s ban on open carry of guns. Another recent court ruling permitted medical marijuana consumption while off duty by a public employee covered by a collective bargaining agreement. Several new laws and two court cases will affect legal compliance for employers in Florida. These include the following: On September 10, 2025, in  McDaniels v. State of Florida , Florida’s First District Court of Appeal determined the state’s  open carry  ban was in violation of the Second Amendment of the U.S. Constitution. Florida Attorney General James Uthmeier issued  guidance  advising that open carry should be considered lawful throughout the state. Schools, government buildings, airport passenger terminals, and places primarily serving alcohol remain gun-free zones under state and federal law, and improper exhibition of firearms continues to be illegal there.  Retail establishments  may prohibit customers, vendors, and the general public from bringing weapons onto their properties. On April 24, 2025, lawmakers passed the  CHOICE Act , which stands for “Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth.” It creates two new forms of restrictive covenant agreements for businesses and employees, permitting a four-year noncompete agreement with a notice requirement and minimum salary requirement, as well as a four-year garden leave noncompete agreement. The law took effect on July 3, 2025, without the governor’s signature. Starting on January 1, 2025,  Senate Bill 362  increased the maximum reimbursement amounts for medical providers treating patients receiving  workers’ compensation . Florida law requires that all employers with workers’ compensation coverage provide their employees who are injured on the job with all medically necessary treatment throughout their recovery. This includes transportation, diagnostic tests, scans, and prescriptions, and can even extend to complications or related conditions. Lawmakers passed a  bill  to require state health insurance plans to cover medically necessary  fertility preservation  services. The law took effect on July 3, 2025, without the governor’s signature. It applies to insurance policies issued on or after January 1, 2026. In December 2024, the Thirteenth Judicial Circuit Court of Florida ruled in  Giambrone v. Hillsborough County  that a public employer must accommodate off-site medical marijuana use, granting summary judgment in favor of a former employee, an emergency medical technician who was covered by a collective bargaining agreement and was placed on unpaid administrative leave after testing positive for marijuana. The case is under appeal in Florida’s Second District Court of Appeal. In the meantime, Florida employers may wish to enter into an interactive disability accommodation process with job applicants or employees who are medical marijuana cardholders. Recreational marijuana use remains illegal in Florida, but medical marijuana use is lawful for adults ages twenty-one and older with a valid Medical Marijuana Use Registry card.

December 11, 2025 A Florida bill demanding all businesses use a federal database to check employees’ immigration status cleared its final House committee Thursday, despite silence from the Senate.   HB 197, co-sponsored by Republican Reps. Berny Jacques and Kiyan Michael, is one of the few bills the House has fast-tracked without a Senate companion. It would expand a 2023 law championed by Gov. Ron DeSantis to require all employers — not just public businesses and larger private ones — to use the online database, called E-Verify.   “We may not be able to get it a 100% right, but we have to least take a big bite out of a huge apple,” Michael said in the House Commerce Committee. She recounted how her son was killed in a car crash by a twice-deported migrant, questioning, “If it was your child, would it matter?”   Michael responded to concerns raised by the committee’s Democrats and the AFL, a labor group. Both claimed E-Verify should be tackled by the federal government — not through “patchwork” regulation by the states.   The measure changes existing law, which only mandates public businesses and private companies with more than 25 employees use the online system. This is Jacques’ second attempt to pass the expansion, which cleared the House in 2025 but died in the Senate.   This year, the Senate has yet to file companion legislation.   More than 475,000 small businesses in Florida have fewer than 20 employees, according to a 2025 report by the Small Business Administration. Not counting businesses without employees — of which there are more than 2 million — there are fewer than 518,000 total small businesses.   The move to tamp down illegal immigration comes amid a national conservative push. Between January and September, the Trump administration assisted in the deportation or removal of over 2 million migrants illegally in the country.   Gov. Ron DeSantis has magnified those efforts in Florida, boasting two state-run detention centers and requiring all 67 counties to partner with Immigration and Customs Enforcement.   In 2023, then-Sen. Blaise Ingoglia sponsored the law to require private businesses with at least 25 employees to use E-Verify. It was part of a large immigration package that also required Medicaid-accepting hospitals to annually report how many undocumented immigrants they treat, the Phoenix previously reported.

December 11, 2025 The Occupational Safety and Health Administration on Wednesday announced that it has issued seven new interpretation letters aimed at clarifying federal workplace safety and health requirements, part of a wider push by the administration to offer more compliance guidance to employers.   The letters, released this week, provide official explanations of how OSHA standards apply in specific workplace situations, ranging from confined-space hazards to recordkeeping obligations. The agency says the move is intended to promote consistency in enforcement and give employers clearer direction amid evolving workplace risks, including those related to COVID-19.   Deputy Labor Secretary Keith Sonderling said in a statement that the guidance reflects employer feedback and is designed to help businesses better understand their obligations. “This effort is a key component of the administration’s strategy to educate the public and empower employers to keep their workers safe,” he said. Among the issues addressed: whether employers must drain water-filled pipes before repair work in confined spaces; the status of OSHA’s COVID-19 reporting and recordkeeping enforcement; the use of live-streamed training to certify power industrial truck operators; and whether companies can rely on software-generated versions of injury and illness logs in place of OSHA’s Forms 300 and 300A. Other letters clarify what qualifies as engineering controls under standards for benzene and 1,3-butadiene, how audiometric testing applies to workers with cochlear implants, and whether stairway angles and tread dimensions meet federal requirements. The interpretations follow the  June rollout  of OSHA’s opinion letter program, which the agency has billed as a renewed effort to make federal workplace rules more accessible to employers and workers.

December 10, 2025 WASHINGTON – The U.S. Department of Labor's Occupational Safety and Health Administration announced today that it has issued seven letters of interpretation to ensure the consistent and transparent application of federal workplace safety and health standards. As part of the Trump Administration's broader emphasis on compliance assistance, OSHA's letters of interpretation provide official explanations of the agency's requirements and how they apply to specific workplace situations and hazardous conditions posed by employers, employees, or other parties. "From construction to engineering, OSHA is providing decisive guidance after gathering feedback from employers, demonstrating our opinion letter program has already been effective," said Deputy Labor Secretary Keith Sonderling. "This effort is a key component of the Trump Administration's comprehensive strategy to educate the public and empower employers to keep their workers safe." Letters of interpretation issued this year address the following situations: • Permit Required Confined Space : Whether the confined space standard requires employers to drain water from pipes before entering for repairs, even when a hazard assessment shows no risk of rupture or leaks. • Enforcement Stay of the COVID-19 Recordkeeping and Reporting Requirements under 29 CFR 1910.502 : The enforcement status of OSHA's COVID-19 reporting and recordkeeping requirements. • Requirements Powered Industrial Truck Training Program Implementation : Whether an employee can demonstrate competence and knowledge in operating power industrial trucks via a live-streamed session. • Software used to generate equivalent OSHA Forms 300 and 300A : If companies are permitted to use their own software-generated documents to replace OSHA Form 300 and Form 300A for recordkeeping. • Engineering controls under the Benzene and 1,3-Butadiene standards : Whether installing bellow valves, leak-proof, or double-seal valves qualifies as engineering controls. • Audiometric testing of a worker who may have a cochlear implant : How audiometric testing applies to workers using cochlear implants. • Stair Angle and Tread Depth Requirements : Whether stair and tread angles of specific dimensions comply with OSHA's standard on stairways. In June, Deputy Secretary of Labor Keith Sonderling announced the launch of the department's opinion letter program. This initiative reinforces the department's commitment to offering valuable compliance assistance for workers, employers, and other stakeholders to help them comprehend how federal labor laws pertain to specific workplace scenarios. The public is encouraged to visit OSHA's Letters of Interpretation page to review previous guidance and submit new requests. These letters provide clear explanations that support compliance and training requirements, helping to keep America's workers safe and healthy.

December 10, 2025 Neenah, WI — Jobsite safety ranks among the top challenges construction companies face, according to the results of a recent survey. J. J. Keller & Associates Inc., a provider of regulatory, safety and compliance solutions, and the American Society of Safety Professionals surveyed 719 construction professionals to gain insights into the industry’s evolving safety landscape. Respondents represented a wide range of construction trades. Around 1 out of 3 of the respondents cited jobsite safety (32%) as a challenge. That followed labor shortages (38%) and rising material costs (35%). Training and onboarding (25%) and equipment maintenance or availability (24%) rounded out the top five. Other key findings : • Nearly 2 out of 5 of the respondents said their organization lacks a “proactive approach to safety and regulatory compliance.” • 51% indicated that worker mental health is taken “somewhat seriously” or “not at all seriously.” • Regarding personal protective equipment practices, 54% agreed that inconsistent use among workers is one of their greatest challenges. • 48% were “somewhat confident” or “not confident at all” that their current training prepares employees to perform the job safely and in compliance with regulations. A corresponding report on the survey results identifies six overarching challenges that construction pros must overcome to improve safety, health and compliance in the industry: 1.   Navigating evolving regulations and standards 2.    Overcoming the “this is how it’s always been done” mindset 3.     Effective communication among management, supervisors and workers 4.     Managing safety across multiple subcontractors and trades on jobsites 5.     Ensuring workers are well-informed and can comprehend information 6.     Addressing construction- and trade-specific workplace hazards “Improving safety in construction requires current data to help us better understand the obstacles that safety professionals face every day,” Ray Chishti, senior environmental, health and safety editor at J. J. Keller, said in a press release. “Real-world insights are essential for building safer, healthier jobsites, and this study provides a critical picture of where the industry stands and where it needs to go to strengthen safety cultures.”

December 8, 2025 Watertown, SD — Workers who encounter droppings from birds or pests such rodents and insects should stop work immediately, leave the area and wash any exposed skin with soap and water, a new safety resource states. Developed by NATE : The Communications Infrastructure Contractors Association, the guide states that contamination from such waste and residues may occur through direct contact; inhalation; or via contaminated clothing, tools or surfaces. Exposure can result in fungal infections, bacterial diseases and allergic reactions. The association calls on workers to remove and bag contaminated clothing and report the exposure to a supervisor for a possible medical follow-up. To reduce the risk of exposure, NATE recommends that work crews: •  Conduct a site assessment for bird nesting areas, waste accumulation and high-risk zones. •  Schedule a professional cleaning, if necessary. •  Wear appropriate personal protective equipment if self-cleaning and wash hands after disposing of waste in sealed bags. •  Use physical deterrents to prevent animal nesting, roosting or travel. Traps and bait stations can be used to control some pests. •  Follow applicable environmental laws regarding waste disposal and wildlife protection; refrain from disturbing active nests if protected bird species inhabit them.

December 4, 2025 TALLAHASSEE, Fla. – Florida Chief Financial Officer Blaise Ingoglia announced a new legislative push to reform the state’s workers’ compensation laws, stating that the current statute improperly allows illegal aliens to receive benefits. The move is part of a broader strategy to eliminate incentives for illegal immigration. “It’s really weird, but our workers comp statute in the state of Florida basically says that the people that are eligible for workers comp include illegal immigrants that are here illegally,” Ingoglia said during a Tuesday interview with Drew Steele on Florida’s Voice Radio. The CFO is proposing legislation to amend the statute to deny these benefits. Ingoglia argued that the initiative is necessary to combat entities that profit from cheap, unauthorized labor. The proposal includes two major deterrents:   Employer liability : If an illegal alien is injured on the job, Ingoglia’s proposal mandates a duty to check their legal status before benefits are paid out. If the worker is found to be in the country illegally, the company that hired them will become liable for the worker’s healthcare costs. Auto insurance loophole : Ingoglia revealed his team discovered that in 19 states that issue driver’s licenses to illegal aliens, insurance companies are providing auto insurance, allowing these individuals to drive on Florida roads. The proposed solution states that if an illegal immigrant is involved in a car accident in Florida, they will be considered at fault even if Florida is a no-fault state and their insurance company must pay out, simply because they should not have been driving in the state. Ingoglia noted that his team is being “hyper aggressive” in reviewing state statutes to “rid all the remnants” of past laws that may benefit or incentivize illegal immigration. In addition to the new immigration initiative, Ingoglia confirmed his office remains focused on its core mission of fiscal accountability. “We are holding local governments accountable. We are exposing waste and excess in local governments,” Ingoglia said, affirming that the work to protect taxpayers “does not stop there.”

December 3, 2025 The 2024 Injury Tracking Application (ITA) cycle marked a pivotal year for Occupational Safety and Health Administration (OSHA) recordkeeping and analytics. With expanded electronic reporting now yielding richer case-level detail for many large establishments in high-hazard industries, the public ITA data offers a sharper view of where incidents cluster, what types of cases are driving days away or restrictions, and how enforcement is being targeted.   This data, only recently released, highlights the criticality of employers accurately documenting workplace injuries and illnesses, and being mindful that these descriptions are being used by OSHA in a way that makes them publicly accessible. Employers were required to submit injury and illness data for 2024 by March 2, 2025.   Quick Hits OSHA’s 2024 Injury Tracking Application (ITA) cycle expanded electronic reporting, providing richer case-level detail for large establishments in high-hazard industries, enhancing OSHA’s ability to target inspections and enforcement. Healthcare, transportation/warehousing, manufacturing, and retail trade continued to report the highest volumes of recordable cases, with construction also showing high rates of severe outcomes. OSHA’s enforcement focus remains on recordkeeping compliance, with targeted inspections in high-hazard sectors based on detailed ITA data. Developments and Trend Lines in the 2024 Data—and Why They Matter OSHA’s expanded electronic reporting rule requires certain establishments with one hundred or more employees in designated high‑hazard industries to submit case-level information from Forms 300 and 301, in addition to Form 300A summaries (employers with 20-249 employees in certain high-hazard industries must also submit that data electronically). Practically, that means the 2024 public posting includes broader, more detailed insights into “what happened,” “to whom,” and “how severe,” not just topline totals. For safety leaders, this shift turns the ITA into a more actionable, hazard-specific dataset—and for OSHA, a more precise targeting engine for inspections, outreach, and recordkeeping enforcement.   Several realities remain unchanged. ITA submissions cover only establishments meeting industry/size triggers; NAICS coding and some inputs are self-determined and self-reported; and both under- and over-reporting are possible.   Industries With the Most Reported Incidents   The sectoral picture presented in the 2024 data appears remarkably stable. Four industries continued to report the highest volumes of recordable cases in the public ITA data: health care and social assistance, transportation and warehousing, manufacturing, and retail trade.   Construction remained a top hazard sector, with fewer total recordables than the four above but disproportionately high rates of severe outcomes, such as falls and struck-by/caught-in events.   Wholesale trade, public administration, and accommodation/food services also contributed sizable case totals, consistent with recent years.   Read More

December 2, 2025 Sedgwick Claims Mgmt. Services v. Thompson, Fla. 1st DCA, No. 1D2023-0193, Sept. 3, 2025 In this matter of first impression, Florida’s First District Court of Appeal addressed whether Florida Statutes Section 440.25(4)(d) precludes  Daubert  challenges to Expert Medical Advisor (EMA) opinions. Put simply,  Daubert  requires that expert opinions result from an analysis of reliable facts, use of reliable principles and methods, and reliable application of those principles and methods to the facts of the case. In the opinion written by Judge M.K. Thomas, the court held that the plain language of the statute in conjunction with the ever-evolving changes to Florida’s Workers’ Compensation Act mandates that Daubert cannot be used to exclude EMA opinions. The claimant alleged a repetitive trauma injury to his neck and shoulder while working as a correctional officer. The employer/carrier initially accepted the claim as compensable under the “pay and investigate procedures” of Section 440.20(4). Ultimately, however, they denied compensability and discontinued further benefits. The claimant then filed a petition for benefits in response to which the employer/carrier again denied compensability. Both the claimant and the employer/carrier secured opinions of independent medical examiners (IMEs) under Section 440.13(5). Predictably, the employer/carrier’s expert determined that the claimant’s condition was not work-related, whereas the claimant’s expert opined otherwise. The judge of compensation claims appointed an EMA under Section 440.13(9)(c) to serve as the “tiebreaker.” The EMA statute provides: “[t]he opinion of the expert medical advisor is presumed to be correct unless there is clear and convincing evidence to the contrary as determined by the judge of compensation claims.” § 440.13, FLA. STAT. (2020). After the EMA opined that the repetitive trauma was work-related, the employer/carrier filed a motion to strike the EMA’s report and testimony, raising a  Daubert  objection. In response, the claimant argued that section 440.13(9)(c) dictates that the EMA’s opinion is presumed to be correct unless there is clear and convincing evidence to the contrary. He claimed that no such evidence was introduced. More importantly, however, he asserted that the  Daubert  standard does not apply to EMAs at all. The judge of compensation claims ruled that the  Daubert  standard does apply to EMAs and that the EMA’s report and opinion in this case met that standard for admission into evidence and was presumptively correct. The First District Court held that the judge reached the correct result, although for the wrong reason under the so-called “tipsy coachman” doctrine. Judge Thomas devotes much of the  Thompson  opinion to explaining why seemingly contrary case law does not control. In one prior District Court case, the court stated: “An EMA opinion also must comply with the Florida Evidence Code, including  Daubert .” The court also previously stated: “[t]he 2013 Legislature has made clear that the admissibility of expert opinions requires that the requirements of  Daubert  be met.” However, the  Thompson  majority held that the prior pronouncements were dicta and that the prior cases did not squarely address whether Section 440.25(4)(d) precludes  Daubert’s  application altogether. Additionally, the District Court distinguished a Florida Supreme Court case holding which found that judges of compensation claims are required to apply the alternative evidentiary admission standard for expert opinions under  Frye v. United States , 293 F. 1013 (D.C. Cir. 1923). The District Court held that the legal landscape has changed over the previous decades, as the Legislature has amended relevant portions of Chapter 440 and the Supreme Court has disclaimed jurisdiction over the rules of workers’ compensation proceedings. Ultimately, the court held that Section 440.25(4)(d) is clear and unambiguous; judges of compensation claims have no discretion and no role in determining the admissibility of an EMA’s report or testimony. Section 440.25(4)(d) statutorily mandates that EMA reports and testimony are  admissible , full stop. However, an EMA opinion may be challenged as to its  weight and credibility  and, perhaps, may be argued to be demoted to equal relevance of any other expert medical opinion in evidence. In summary, while the judge of compensation claims erred in applying the  Daubert  standard to determine admissibility of the EMA’s testimony and report, the District Court held that the application of  Daubert  was harmless error. The EMA opinion was ultimately admitted and properly considered by the judge of compensation claims.