The Department of Homeland Security issued guidance advising employers using E-Verify that employment authorization document revocations will no longer appear in the case alerts. The Labor Department announced that it will no longer seek liquidated damages in any FLSA pre-litigation investigation or resolution. A bipartisan bill was introduced in the Senate that would reduce the participation age from 21 to 18 for defined contributions plans that are covered by ERISA. The Labor Department released the Veterans Accommodations Toolkit, which is designed to be a resource for increasing the employment and participation in apprenticeship programs of disabled American veterans.
DHS Issues Employment Authorization Document Guidance for E-Verify Employers – The Department of Homeland Security (DHS) has issued guidance advising employers using the E-Verify system that employment authorization document (EAD) revocations will no longer appear in the case alerts. Employers are directed to “generate the Status Change Report to identify E-Verify cases that may have been created with an EAD that is now revoked.” The notice indicated that to access the status change report, employers should log in to their E-Verify accounts, click on the Reports tab at the top of the page to select the new Status Change Report.
If a current employee appears on the Status Change Report, the employer should determine if there is a need to reverify the employment authorization for the employee. If the numbers on the employee’s EAD card match the one on the Status Change Report, the employment authorization must be reverified. The reverification can be done using Form I-9, Supplement B and should be completed “within a reasonable amount of time.” DHS cautions that the Status Change report “does not replace an employer’s legal requirement to verify employment eligibility for their employees in accordance with the Form I-9 process.”
DOL Will No Longer Seek Liquidated Damages in FLSA Administrative Matters – The Department of Labor (DOL) advised in Field Assistance Bulletin (FAB) 2025-3 that the Wage and Hour Division (WHD) will not seek the payment of liquidated damages in any pre-litigation investigation or resolution brought under the Fair Labor Standards Act (FLSA). The DOL believes that Section 216(c) of the FLSA only authorizes the WHD to “supervise the payment of the unpaid minimum wages or the unpaid overtime compensation owing to any employee.” Liquidated damages can only be sought, according to the DOL, where an enforcement action results in litigation. The new policy became effective on June 27, 2025.
The FAB rescinds FAB 2021-2. The DOL noted that prior to 2010, the WHD did not seek liquidated damages in the administrative investigation stage. Starting in 2010, the WHD began to seek liquidated damages prior to the referral for litigation. In 2020, the WHD issued FAB 2020-2 which stopped this practice, but this was reversed by the issuance of FAB 2021-2, which authorized WHD to seek liquidated damages in administrative matters. Most FLSA claims are resolved by employees bringing lawsuits under Section 216(b), which provides for awarding an additional equal amount as liquidated damages. A court may choose not to award liquidated damages if it determines that the employer acted in good faith and had reasonable grounds for believing its conduct was not in violation of the FLSA.
Bipartisan Young Americans Retirement Bill Introduced in the Senate – Senators Bill Cassidy (R-LA) and Tim Kaine (D-VA) have reintroduced the “Helping Young Americans Save for Retirement Act” (S. 1707). The bill would reduce the participation age from 21 to 18 for defined contribution plans that are covered by the Employee Retirement Income Security Act (ERISA). According to Senator Cassidy, “Americans who don’t attend college and immediately enter the workforce should be given every chance to save for retirement.”
The bill includes a five year delay for provisions in ERISA that require businesses to undergo mandatory audits if they allow employees under 21 to begin making pension contributions. The bill has been referred to the Committee on Health, Employment, Labor, and Pensions (HELP). Senator Cassidy chairs the committee, and Senator Kaine serves on the committee.
Veterans Accommodations Toolkit Released – The Department of Labor (DOL) announced the release of the Veterans Accommodations Toolkit, which is designed to be a resource for increasing the employment and participation in apprenticeship programs of disabled American veterans. DOL reported that there are over 5 million veterans with service-connected disabilities and for those who are of working age, the employment rate is only 43.5% as compared to 79.8% for nondisabled veterans.
The Veterans Accommodations Toolkit, according to DOL “shares resources on workplace accommodations and supports for disabled veterans. It includes tips, strategies, and resources for employers to best support their veteran workforce, including hiring techniques and disability-related training.” The toolkit contains resources to assist disabled veterans, employers, and sponsors of apprenticeship programs. Secretary of Labor Lori Chavez-DeRemer stated, “By supporting our distinguished veterans through Registered Apprenticeships and other job opportunities, the Veterans Accommodations Toolkit will ensure they have every tool at their disposal to build valuable skills, earn a paycheck, and provide for themselves and their families.”
Neil Reichenberg is the former executive director of the International Public Management Association for Human Resources. He is an attorney, a frequent writer and speaker on public policy and human resource issues, and an adjunct faculty member at George Mason University. For questions or additional information, contact Reichenberg at neilreichenberg@yahoo.com.