Love Hurts, and so does a DOJ Lawsuit 

Love Hurts, and so does a DOJ Lawsuit 

There has of course been a lot going on of late. It seems as if, more and more, we are constantly being reminded of the dangers that come with too much power resting in the hands of one person in an unchecked manner, and the potential horrors that could ensue without sufficient oversight and regulation. I am of course speaking as a fan of New York football, and Joe Schoen’s decision to let Saquon Barkley go to the Eagles. Enjoy your parade today, Philly … 

We will also be discussing some recent developments from the Trump Administration and their impact on labor and employment law. 

Happy Valentine’s Day! 

The DEI Pendulum 

Let’s start with DEI. Recently, the EEOC (that’s the Equal Employment Opportunity Commission for the uninitiated) had a bit of a shakeup. With the departure of the General Counsel and a few key commissioners, the EEOC has been making a hard pivot away from its previous focus on diversity initiatives under the Biden administration and is now focused on “restoring merit-based opportunity”.  

But wait, there’s more (or less, depending on how you look at it). The DOJ has now announced that it will start pursuing criminal charges against companies that prioritize DEI initiatives over merit-based policies. Following this announcement, and likely because they do not have a Super Bowl parade, Missouri recently filed a lawsuit against Starbucks over this very issue.  

So, what should you be doing as we witness this sudden turn? Well, here’s the practical advice: Keep doing what you’re (hopefully?) doing and stick to the basics:  

make decisions based on clear, measurable factors, be consistent in how you treat your employees, and make sure you’re not playing favorites. Oh, and don’t forget to give your team anti-harassment and discrimination training (especially if the state where the employees work says “hey, you need to do this”). Basically, we’re recommending to keep it business as usual . . . just don’t get too comfortable with any DEI buzzwords right now. 

I-9s: The Immigration Backdoor You Didn’t Know You Were Opening 

Roses are red 

Violets are blue 

Comply with I-9 requirements 

Or you might get audited too 

Moving on, you may have heard about those recent ICE raids . . . and if you didn’t, well, congratulations, you’re likely not on their radar anyways. For the rest of you, it’s a reminder that your I-9s are still under the microscope, now likely more than ever. With increased scrutiny from federal agencies, it’s as good a time as ever to dust off your I-9 forms and make sure everything’s in order (and if you actually are dusting them off, for the love of God create digital backups). 

For those of you saying “I-what now?” (don’t worry, you’re not alone), here’s a quick refresher: the I-9 form is used to verify an employee’s identity and eligibility to work in the U.S. You want the employee to present their completed portion before their first day of work, then, you, as the employer, must sign off on the form within three days of the employee starting work. Seems simple, but there are more details and it can get tricky if you’re not keeping tabs. 

Take a moment to review your policies, double-check your paperwork, and perform a self-audit. It’s much easier than scrambling when the feds come kicking down the door knocking for a not-self-audit. And don’t forget – if you’ve been handling electronic I-9s, follow the guidelines to the letter. Mishandling electronic forms is an easy way to screw up. And if you think “no one’s going to notice,” . . . they might nowadays? 

If you haven’t updated your I-9 processes in a while (or ever), it’s time. Review, update, and file correctly – or you might find yourself with an audit that’s a lot less fun. 

Stay tuned and sit tight. In the ever-shifting world of labor and employment law, one thing’s for sure: it’s never boring. Thank you for reading, and happy Valentine’s Day to all! 

And as always, if you’ve got questions, you know we’ve got answers.