
Welcome to Issue #22 of The Compliance Brief. Every Tuesday I break down the HR and labor law updates that actually matter to small businesses — in plain English, no legal jargon.
🔍 This Week's Top Story
🔍 This Week's Top Story
Federal Scrutiny of H-1B Sponsors Just Ramped Up
If your business sponsors H-1B workers, two developments this month are worth your attention together. First, a September 18 executive order directs the Department of Labor, DHS, and the State Department to review whether H-1B sponsors have recently laid off — or plan to lay off — similarly situated U.S. workers. It also requires the Wage and Hour Division to begin reviewing previously filed Labor Condition Applications within 30 days to determine whether enforcement action is warranted.
Second, DHS has proposed eliminating the discretionary 60-day grace period that currently allows H-1B, L-1, O-1, E, and TN workers to remain in the country after their employment ends. That proposal isn't law yet — the comment period runs through November 10 — but it signals where things are headed, and it would make termination timing far more consequential for sponsored employees.
Neither development creates a new penalty on its own, but together they mean your existing H-1B paperwork — wage attestations, job descriptions, recruitment records, and any documentation around recent layoffs or restructuring — is more likely to get a second look.
Action step: If you sponsor H-1B workers, pull together your Labor Condition Application records and any documentation explaining recent staffing changes now, before an inquiry arrives.
📋 Compliance Quick Hits
1. Florida's Minimum Wage Rises to $15.00 on September 30
Florida's minimum wage increases from $14.00 to $15.00 per hour, with the tipped-employee cash wage rising from $10.98 to $11.98. Update payroll systems, wage notices, and posted pay information before your next pay period. Florida is also barring cities and counties from setting a higher local minimum wage than the state rate.
2. EEOC Sues Over a Religious Accommodation Request
The EEOC filed suit against Blue Bell Creameries, alleging a Jewish employee was terminated shortly after refusing to shave his beard for religious reasons. The lesson: evaluate whether a religious accommodation is workable before disciplining or terminating someone over it — don't treat the request as the problem.
3. A Virginia Employer Pays $60K After Owner-Involved Harassment
A Virginia home healthcare provider settled an EEOC sexual harassment suit for $60,000 after allegations involving the business's own owner. It's a pointed reminder for small businesses in particular: an informal workplace isn't a defense, and owner or supervisor conduct can create direct liability.
🚨 What To Do This Week
✅ If you sponsor H-1B workers, gather LCA and wage documentation now
✅ Update Florida payroll systems and wage notices for the September 30 increase
✅ Review how your business evaluates religious accommodation requests before taking disciplinary action
✅ Confirm your harassment reporting process works even when the person involved is an owner or supervisor
📌 Resource of the Week
The DOL's guidance on H-1B Labor Condition Application requirements covers what documentation employers need to maintain: dol.gov/agencies/eta/foreign-labor
That's it for this week. Short, actionable, no fluff.
If this was useful, forward it to another small business owner who could use it.
See you next Tuesday.
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This is for informational purposes only and does not constitute legal advice.