Update as of October 9, 2025: Brittany Panuccio has been confirmed by the Senate as an EEOC commissioner, restoring the EEOC quorum. She was confirmed by a vote of 51-47 on Tuesday, October 7 and fills the seat left vacant by Keith Sonderling. Her confirmation gives Republicans the majority in the EEOC.

This confirmation is crucial as is not restores the quorum in the EEOC meaning they can now issue official guidance. 

President Trump has nominated Brittany Panuccio to become a commissioner at the Equal Employment Opportunity Commission (EEOC). There are currently three empty seats on the five-member panel at the EEOC and this nomination, if approved, would fill one of them leaving two open.  

Update as of October 9, 2025: Despite the continued government shutdown, E-Verify has resumed operations. Employers must:

• • Submit E-Verify cases for anyone who was hired during the shutdown by Tuesday, October 14. 
  • Revise Referral Date Confirmations for employees who received a mismatch and notified you of their intent to contest it - more information found here
    

For more information on what you need to do with E-Verify cases, tentative nonconfirmations, federal contractor deadlines, and more, visit the E-Verify website here.

Government Shutdown Impact on E-Verify 

As of 12:01 AM on October 1, 2025, the federal government has shut down due to Congress's inability to pass funding legislation. This shutdown has resulted in the temporary suspension of the E-Verify system, which is operated by the Department of Homeland Security (DHS). 

This article is part of an ongoing legal series designed to provide insight and practical guidance on current and emerging workplace compliance issues. These insights shared by lawyers are based on their interpretation of existing regulations and proposed changes, and intended for informational purposes, not to be regarded as legal advice.

By law, employers must verify that every employee they hire is legally authorized to work in the U.S. But which laws are relied upon by the U.S. government to enforce that requirement? Many of the statutes it uses fall under the Immigration and Nationality Act. The Department of Justice (DOJ) may also enforce violations through anti-fraud laws in limited circumstances. Also, as of May 12, 2025, the DOJ has expanded its new Corporate Whistleblower Awards Pilot Program to include corporate immigration violations.

Are the labor law poster notices on the break room wall doing their job?Are they updated with current regulations? Unlike the poster of your favorite basketball star or music icon, labor law posters aren’t there for decoration. They carry legal weight and if they’re outdated or misplaced, your business could pay the price. 

Welcome to Part 3 of our 3-part series, I-9 Compliance Trends: Enforcement Risks and Best Practices.As Part 1 revealed the heightened regulatory risks and Part 2 outlined the strategic role of executive leadership, this final installment focuses on the solution: automation technology. 

This article is part of an ongoing legal series designed to provide insight and practical guidance on current and emerging workplace compliance issues. These insights shared by lawyers are based on their interpretation of existing regulations and proposed changes, and intended for informational purposes, not to be regarded as legal advice.

Welcome to Part 2 of our 3-part research series, I-9 Compliance Trends: Enforcement Risks and Best Practices. With ICE audits escalating rapidly and fines growing exponentially, I-9 compliance is no longer just an HR issue—it’s a critical executive-level risk. This installment highlights why executive management must take ownership of compliance strategy, resource allocation, and internal governance to protect their organizations from financial penalties, reputational damage, and potential operational disruption. 

Spoiler alert: Just because your new hire's neighbor can verify and sign Section 2 of the Form I-9, doesn’t mean they should. 

Welcome to Part 1 of our 3-part research series, “I-9 Compliance Trends: Enforcement Risks and Best Practices.” 

The regulatory pressures on human resources are intensifying. Between shifting federal mandates, evolving pay transparency laws, and rising scrutiny of workforce practices, compliance has become a strategic risk for even the most seasoned HR leaders.