May 2025

HR & Safety News, Insights and Updates

Consultstu LLC delivers fractional human resources services to small/mid businesses.

Our monthly newsletter keeps clients and friends up to date on important

law updates, business news and employment trends. 

New I9 Form Released in April 2025! Older Version Still Ok (for a while)

Immigration. Last month, the U.S. Citizenship and Immigration Services (USCIS) made minor changes to Form I-9, Employment Eligibility Verification, and notified employers. The new revised Form I-9 with an edition date 01/20/25 and an expiration date 05/31/2027 is now available for download. There are previous editions that remain valid until their respective expiration dates. Specifically, the 1 page version of the Form I-9 (08/01/23 edition) is valid until 05/31/2027, and still complies with Title VII. There were only minor changes to terminology in the newest version. Read more.

Venezuela TPS Status: Handling Expiring Employment Authorization Documents (EADs)

Immigration. It has not been easy for employers to make sense of the fast-moving immigration regulation changes and court cases. One topic creating lots of HR questions is Venezuelans who were granted Temporary Protected Status (TPS) under the Biden Administration. The Secretary of Homeland Security is authorized to designate a foreign country for TPS due to temporary conditions such as ongoing armed conflict, or other extraordinary and temporary conditions that prevent nationals from safely returning to their country. Upon taking office, the Trump Administration’s Secretary of Homeland Security canceled the TPS extension and reinstated the end of TPS for Venezuelans. Biden’s DHS Secretary issued extensions to TPS on January 17, 2025. After a court challenge, a federal judge issued a nationwide order postponing the cancellation of the latest 18-month extension of the TPS status. Read more.

Supercharge your Hiring with a Simple Employee Referral Program

Recruiting. Discover how an employee referral program can boost recruitment, foster workplace collaboration, and empower your team to play an active role in shaping your company’s success. If you have never used one, try the following program and see how your employees respond. In a recent blog post, we shared a simple template for an employee referral program so you can supercharge your hiring. Read more.

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Employers Must Accommodate Employee Religious Beliefs (and Sabbath Observances)

Discrimination. Under Title VII of the Civil Rights Act, covered employers must provide reasonable religious accommodations unless there is an undue burden. Employers have a duty to work with their employees to attempt to find an accommodation and cannot revoke an accommodation without justification. The EEOC recently sued Marriott Vacations Worldwide and Marriott Ownership Resorts, Inc. for failing to accommodate an employee’s request not to work Saturdays so she could observe Sabbath (7th Day Adventist). Under new management. the company stopped giving her Saturdays off, and she repeatedly complained. Not working on Saturday negatively impacted her sales and commissions, and she quit. Read more about religious accommodation rules.

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When are hand washing facilities required by OSHA at construction sites?

Safety. OSHA regulation, 29 CFR 1926.51(f)(1) requires construction employers to provide potable water and hand soap for washing hands in some cases. The rule states "(f) Washing facilities. (1) The employer shall provide adequate washing facilities for employees engaged in the application of paints, coating, herbicides, or insecticides, or in other operations where contaminants may be harmful to the employees. Such facilities shall be in near proximity to the worksite and shall be so equipped as to enable employees to remove such substances. A letter of interpretation also concludes that "having rags and a can of waterless hand cleaner available" does not meet compliance. Read more about sanitation requirements for construction sites here.

Can a Salaried Employee's Pay be Reduced During an FMLA Absence?

Answer: Yes, consistent with the FMLA rules.


The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of unpaid leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave. An employee who is exempt from minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) as a salaried executive, administrative, professional, or computer employee does not lose the FLSA exemption when taking unpaid time. The employer may make deductions from the employee’s salary for any hours taken as intermittent or reduced schedule FMLA leave within a workweek without affecting the exempt status of the employee.

Read more and see an example of a pro-rated salary.