Termination of Parole and Work Authorization for Certain Nationals of Cuba, Haiti, Nicaragua and Venezuela

By Glenn Rissman on March 26, 2025 Posted in Immigration, Legislation & Regulations

The Department of Homeland Security has terminated a parole program that benefits citizens of Cuba, Haiti, Nicaragua, and Venezuela. Referred to as the CHNV parole program, the program had allowed citizens of the four countries to request permission to travel to the United States for parole into the country. The program required the foreign national to have a U.S. sponsor who agreed to support the foreign national. Individuals paroled into the United States under the CHNV program could apply for work authorization. It is estimated that 532,000 individuals were paroled into the United States under the program since its inception in October 2022.

On March 25, the Department of Homeland Security terminated the CHNV parole program effective immediately. Individuals whose parole has not already expired will have their parole expire on April 24, 2025. The Department of Homeland Security intends to remove individuals who entered the U.S. under the CHNV parole program who do not depart by April 24 and who do not have a lawful basis to remain in the United States.

Registration Open! 2025 Miami Labor & Employment Law Seminar

By Stearns Weaver Miller on March 4, 2025 Posted in Employee & Management Counseling, Employee Benefits & Compensation, Employee Handbooks & Policies, Employment Contracts & Corporate Issues, Hiring/Termination, Immigration, Labor Law, Legislation & Regulations, Wage & Hour/Employee Classification

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Spring training is almost over and we’re ready to take the field! We are excited to announce that our full day, in-person Miami Labor & Employment Law Seminar will take place on Wednesday, April 30 at the Miami Marlins loanDepot park. This year’s theme is “Covering All the Bases: Navigating Legal Fastballs, Changeups & Curveballs in the Workplace.”

Find out more and register below.

CLICK HERE TO REGISTER

Wednesday, April 30, 2025

8:00 a.m. – 4:00 p.m.

(Breakfast & Lunch Provided)

loanDepot park (Home of Your Miami Marlins)

501 Marlins Way, Miami, FL 33125

Changes to TPS for Haiti and Impact on Employment Authorization

By Glenn Rissman on February 21, 2025 Posted in Immigration, Legislation & Regulations

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According to an advance copy of a notice from the Department of Homeland Security (DHS), Secretary Kristi Noem is partially vacating the June 4, 2024 decision of former DHS Secretary Alejandro Mayorkas that extended the designation of Haiti for Temporary Protected Status (TPS) and the new designation of Haiti for TPS. Former Secretary Mayorkas had extended the designation of Haiti for TPS for 18 months – to February 3, 2026 – and also newly designated Haiti for TPS for the same 18-month period – to February 3, 2026. DHS is now partially vacating the June 4, 2024 announcement and reducing the designation period from 18 months to 12 months. Under the new announcement, the TPS designation for Haiti will expire on August 3, 2025. The change impacts approximately 500,000 Haitian nationals in the United States.

National Labor Relations Board Rescinds Key Memoranda

By Glenn Rissman on February 18, 2025 Posted in Employee & Management Counseling, Employment Contracts & Corporate Issues, Hiring/Termination, Labor Law

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On February 14, National Labor Relations Board (NLRB) Acting General Counsel William Cowen rescinded several memoranda issued by the former General Counsel during the Biden Administration. Among the memoranda rescinded include:

Update – TPS for Venezuela Terminated

By Glenn Rissman on February 5, 2025 Posted in Immigration, Legislation & Regulations

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Last week, we posted about the revocation of the extension of Temporary Protected Status (TPS) for individuals from Venezuela. As explained last week, there were two Venezuela TPS designations:

A March 9, 2021 designation that expires on September 10, 2025. The Department of Homeland Security (DHS) must decide by July 12, 2025 whether to extend or terminate the designation.
An October 3, 2023 designation that expires on April 2, 2025.

On February 5, the U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register terminating the October 3, 2023 TPS designation of Venezuela. The termination will be effective sixty (60) days after the publication of the notice in the Federal Register–April 7, 2025. Nationals of Venezuela under the October 2023 designation will no longer have Temporary Protected Status as of 11:59 p.m. on April 7 and will lose their authorization to work on April 2.

Venezuela TPS – Extension Vacated – More Details on February 1

By Glenn Rissman on January 30, 2025 Posted in Immigration, Legislation & Regulations

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Last week, we posted about the Biden administration’s January 17 extension of Temporary Protected Status (TPS) for El Salvador, Venezuela, Ukraine, and Sudan. On January 28, new Secretary of Homeland Security Kristi Noem vacated the notice extending the TPS designation for Venezuela, Vacatur of 2025 Temporary Protected Status Decision for Venezuela. As of this writing, the extensions for El Salvador, Sudan, and Ukraine remain in effect. As a result of Secretary Noem’s order, the expiration dates for TPS for Venezuela will revert to the pre-January 17 expiration dates.

TPS Extensions for El Salvador, Venezuela, Ukraine, and Sudan

By Glenn Rissman on January 21, 2025 Posted in Employee Handbooks & Policies, Immigration, Legislation & Regulations

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In the waning days of the Biden administration, the U.S. Citizenship and Immigration Services (USCIS) extended the designation of El Salvador, Venezuela, Ukraine, and Sudan for Temporary Protected Status (TPS) for an additional 18 months.

The TPS extensions are as follows:

El Salvador – March 10, 2025 to September 9, 2026
Venezuela – April 3, 2025 to October 2, 2026
Ukraine – April 20, 2025 to October 19, 2026
Sudan – April 20, 2025 to October 19, 2026

Happy Holidays from Stearns Weaver Miller’s Labor & Employment Department!

By Stearns Weaver Miller on December 10, 2024 Posted in Employment Litigation, Labor Law

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Thank you for being a subscriber. Wishing you a joyous holiday season and happy, healthy year ahead.

We hope that BeLabor the Point has brought you important information throughout the year and a few smiles along the way. Speaking of smiles, click on the image below to view our Labor & Employment Law Department’s holiday card!

Change To Salary Test For Exempt Employees: Everything We Know Is Now Wrong!

By Robert Turk on November 19, 2024 Posted in Employee Benefits & Compensation, Legislation & Regulations, Wage & Hour/Employee Classification

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As we all know, earlier this year, the U.S. Department of Labor instituted a final rule revising the salary test for executive, administrative and professional employee exemptions from overtime. The rule took effect in two steps. The first step took effect on July 1, 2024 when the salary threshold for overtime exemption increased from $684.00 per week to $844.00 per week.

The second step was to take effect on January 1, 2025 when the exemption salary threshold was to increase to $1,128.00 per week (the equivalent of $58,656 per year). The rule also increased the annual salary exemption threshold for highly compensated employees from $107,432 to $132,964.

However, this past Friday, a federal judge in Texas issued an order retroactively stopping the increase in salary thresholds for exempt employees. This order is effective nationwide.

“Now We Got Bad Blood”: When Discretionary Bonuses Don’t Meet Employee Expectations

By Stearns Weaver Miller on October 30, 2024 Posted in Employee & Management Counseling, Employee Benefits & Compensation, Employment Contracts & Corporate Issues

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Much like Taylor Swift’s Bad Blood, bonus plans can sour an employer-employee relationship when an employee’s expectations are undercut by the plan’s fine print.

This was the case in Presidio, Inc. v. Feeny, a case decided in February 2024 by the Fourth District Court of Appeal of Florida, centering on whether the employer breached an employment contract by withholding an employee’s expected bonus, despite the employee’s department meeting its objectives.