What Employers Need to Know This October


News October 9, 2025

October Compliance Highlights for Employers

This month’s updates cover several key compliance and workforce topics employers need to know:

  • Pay Transparency Deadline – October 29: Learn what Massachusetts’ new pay transparency law requires and how to stay compliant.
  • H-1B Filing Changes: A new federal proclamation now requires a $100,000 fee for all new H-1B visa petitions.
  • Government Shutdown Impact: Understand how the federal shutdown and 2026 PFML updates impact compliance, pay, and workforce planning.
  • E-Verify Resumed Operations: Employers must ensure cases from the outage are created and follow updated guidance for resolving mismatches.

Plus, don’t forget these key dates:

  • Oct 15 – Medicare Part D coverage notice due
  • Oct 29 – MA Pay Transparency Law starts
  • Nov 2 – Daylight Saving Time ends
  • Nov 11 – Observance of Veterans Day

Pay Transparency: What To Do Before Oct 29

Massachusetts’ pay transparency deadline is fast approaching. In this episode, we unpack what the law really requires, what “good faith” looks like in practice, and how employers can turn compliance into clarity and trust. Listen here!

$100k Fee Required for All New H-1B Petitions

A new federal proclamation now requires a $100,000 fee for all new H-1B visa petitions submitted after September 21, 2025, as part of broader efforts to reform the program and protect U.S. workers. It does not affect current H-1B holders or renewals but signals further changes ahead. Read the full article from the U.S. Citizenship and Immigration Services to understand the details and what employers should expect next.

Navigating the Government Shutdown

Employers should anticipate widespread disruptions to agency operations, compliance timelines, and federal contracts. Here’s what HR teams need to watch for:

  • Regulatory slowdowns: Many functions at the EEOC, DOL, OSHA, and NLRB may be paused or delayed. Filing deadlines could be extended during the shutdown period.

  • Federal contractor impacts: Contractors may face stop-work orders, delayed payments, or contract suspensions. Review contract clauses, funding timelines, and the WARN Act to determine notice obligations.

  • Employee pay compliance: Exempt employees must receive their full salary for any week worked, even during a shutdown, regardless of the number of days or hours worked in that week.  Salary deductions cannot be made for a full- or partial-day’s absence due to lack of work as “occasioned by the employer or by the operating requirements of the business.”  Review pay practices to avoid jeopardizing exemption status.

  • Leave, benefits, and unemployment: Clarify how PTO, benefits eligibility, COBRA coverage, and unemployment may apply to furloughed workers or reduced schedules.

  • Immigration & E-Verify delays: Systems like E-Verify and visa processing could be temporarily unavailable. Plan ahead for expiring authorizations and pending filings.

  • Communication & documentation: Prepare clear messages for employees and track all shutdown-related actions, costs, and communications in case of audits or reimbursement claims.

Even in a funding lapse, some compliance responsibilities remain in effect, so HR should stay proactive, document decisions, and consult legal counsel to manage potential risks.

Interest in learning more? View the links below.
JacksonLewis – Preparing for a Government Shutdown: Key Employment and Compliance Considerations for Federal Contractors
Fisher Phillips – What Does the Government Shutdown Mean for Employers? Answers to Your Top Questions

2026 Massachusetts PFML Updates

The Massachusetts Department of Family and Medical Leave (DFML) has announced its 2026 Paid Family and Medical Leave (PFML) updates, effective January 1, 2026.

Key Updates

  • Contribution Rates:
    The PFML contribution rates remain unchanged from 2025.

    • Employers with 25 or more employees: Total contribution = 0.88% of eligible wages.

    • Employers with fewer than 25 employees: Total contribution = 0.46% of eligible wages.

  • Maximum Weekly Benefit:
    The maximum weekly benefit will increase to $1,230.39 in 2026 (up from $1,170.64 in 2025). This adjustment reflects changes in the statewide average weekly wage.

Background

This marks the third consecutive year of steady contribution rates, signaling greater program stability for employers and employees alike. Since PFML’s launch, Massachusetts has refined the program to balance predictability in contributions with incremental increases in benefits.

Employer Action Items

  1. Review private PFML plans to ensure benefits meet or exceed the new state maximum.

  2. Communicate updates on the 2026 rates and benefits to employees.

  3. Align internal leave policies with PFML requirements, including allowing employees to “top off” benefits using accrued paid leave.

Coming Soon from DFML

Updated rate sheets, workforce notices, and the 2026 Workplace Poster will be released at a later date. The DFML will also update its contribution and benefit calculators to reflect the 2026 changes.

Interest in learning more? Visit Fisher Phillips – Massachusetts Employers Should Prepare for 2026 Paid Family and Medical Leave Updates

E-Verify Resumed Operations (Article below is 10.9.2025 update from U.S. Citizenship and Immigration Services)

Creating Cases

Employers who participate in E‑Verify must create an E‑Verify case by Tuesday, Oct. 14 for each employee hired while E‑Verify was not available. You must use the hire date from the employee’s Form I‑9 when creating the E‑Verify case. If you could not create an E‑Verify case by the third business day after the employee began work for pay because E‑Verify was unavailable, E‑Verify will prompt you during case creation to provide a reason for the delay. Select “Other” from the “Select a Reason for Delay” drop-down menu and enter “E‑Verify not Available” as the specific reason in the “Reason for Delay” text box. The days E‑Verify was unavailable will not count toward the three business days employers usually have to create a case in E-Verify.

Tentative Nonconfirmations (Mismatches)

If your employee received a mismatch and notified you of their intention to contest it, and you provided the Referral Date Confirmation to the employee, you must revise the date by which your employee must contact the Social Security Administration (SSA) or the Department of Homeland Security (DHS) to begin resolving the mismatch. You have three options to provide a revised date to your employee(s) for their “Referral Date Confirmation” notice:

  • The best option is to print a new “Referral Date Confirmation” notice that will have the new date employees must contact SSA or DHS to begin resolving their mismatch. To reprint a copy of your employee’s “Referral Date Confirmation,” log in to E‑Verify, select your employee’s case, and select the “Print Confirmation” button.
  • The next option is to log in to E‑Verify, select the employee’s case to find their new referral date, and write the new date on the previously issued “Referral Date Confirmation” notice.
  • The third option is to add six (6) federal business days to the date on your employee’s “Referral Date Confirmation” notice. Federal business days are Monday through Friday and do not include federal holidays.

For mismatch cases that were referred once E‑Verify resumed operations on or after Oct. 8, 2025, do not add days to the time your employee has to contact either SSA or DHS. If your employee decided to contest the mismatch when E‑Verify was unavailable, you should now refer the employee’s case and follow the mismatch process.

Federal Contractor Deadlines

During E‑Verify’s unavailability, federal contractors could not enroll or use E‑Verify as required by the E‑Verify federal contractor rule. As a result, any calendar day when E‑Verify was unavailable will not count toward any of the federal contractor deadlines. Please contact your contracting officer, as necessary, for more information on federal contractor responsibilities.

Employees with traditional E‑Verify cases

If the unavailability of E‑Verify prevented you from contesting your mismatch, we will give you additional time to contact SSA or DHS to begin the process of resolving your mismatch. If you received a “Referral Date Confirmation” notice indicating you must take action by Oct. 1, 2025 or later, you have three options to obtain your new date:

  • Contact your employer and have them print out a new “Referral Date Confirmation” notice for you. Your notice will have the new date you must contact the SSA or DHS to begin resolving your mismatch.
  • A second option is to ask your employer to log in to E‑Verify to get your new referral date and write the new date on your previously issued “Referral Date Confirmation” notice.
  • Or you may add six (6) federal business days to the date printed on the “Referral Date Confirmation” that your employer provided you after you contested your mismatch. Federal business days are Monday through Friday and do not include federal holidays.

Contact either SSA or DHS by the new date to begin the process of resolving your mismatch.

For more information, please visit E-Verify’s “How to Process a Mismatch” page.

Employees with E‑Verify+ cases

If you were prevented from contesting your mismatch due to E‑Verify’s unavailability, we will give you additional time to contact SSA or DHS to begin the process of resolving your mismatch. If the “What’s Next” screen in E‑Verify+ indicated you must take action by October 1, 2025 or later, log back into E‑Verify+ to review the “What’s Next” page for an updated date by which you must take action.

E‑Verify Customer Support

We expect increased requests for customer assistance. This means you may experience longer than normal delays and response times. We apologize for any inconvenience and appreciate your patience. For any questions or additional information, please email e-verify@dhs.gov.

Employers and employees may also contact E‑Verify at 888-464-4218 Monday through Friday from 8 a.m. to 8 p.m. Eastern.

 


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