USCIS | Backup E-Verify Records
USCIS announced that employers using E-Verify have until January 5, 2025, to download and retain records for cases last updated on or before December 31, 2014. After this date, USCIS will permanently dispose of these records, as required by federal regulations. For employers who enrolled in E-Verify in 2015 or later, this announcement has no effect until next year. For employers who enrolled before 2015, however, this could be problematic if they do not download for such items as an audit or for switching from paper I-9s to an electronic system.
USCIS | E-Verify+ Introduced-Alternative to E-Verify for Employers & Employees
The U.S. Citizenship and Immigration Services (USCIS) announced some new features of E-Verify+ that will be rolled out incrementally throughout the remainder of 2024. E-Verify+ is described as “service of E-Verify that streamlines employment eligibility verification by combining the Form I-9 and E-Verify into one seamless digital process.” The highlights include:
- notifying both the employer and prospective employee of their eligibility for employment, which relieves the employer from being the intermediary when a discrepancy is discovered between the eligibility data the employee entered/provided and official government records; and
- allowing workers to carry over their verification status to new employment by permitting employees to create their own account rather than solely relying on the employer’s account.
At this time, E-Verify+ does not replace the Form I-9, and it is not available for E-Verify employer agents, web services, and some federal contractors.
DOL | The Federal Salary Rule January 1, 2025, 2nd Increase Private Employers
The minimum salary threshold for exempt executive, administrative, professional, and highly compensated employees will increase again on January 1, 2025. The first increase took effect on July 1, 2024.
Under the rule, on January 1, 2025, exempt executive, administrative, and professional (EAP) employees must be paid at least $1,128 per week ($58,656 per year). Employees exempt under the highly compensated employee (HCE) exemption must make at least $844 per week on a salary basis and at least $132,964 per year in total compensation.
The New Minimum Salary Thresholds
Below is a breakdown of the minimum salary thresholds, further broken down by the date each increase took effect. This chart and other helpful guidance can be found on the DOL’s website by clicking on the following hyperlink: Final Rule: Restoring and Extending Overtime Protections | U.S. Department of Labor (dol.gov).
| Effective Date | Standard Salary Level | Highly Compensated Employee Total Annual Compensation Threshold |
| Before July 1, 2024 | $684/week (equivalent to $35,568/year) | $107,432/year, including at least $684/week paid on a salary/fee basis. |
| July 1, 2024 | $844/week (equivalent to $43,888/year | $132,964/year, including at least $844/week paid on a salary/fee basis. |
| January 1, 2025 | $1,128/week (equivalent to $58,656/year) | $151,164/ year, including at least $1,128 /week paid on a salary/fee basis. |
| July 1, 2027, and every 3 years after that | To be determined by applying to available data the methodology used to set the salary level in effect at the time of the update. | To be determined by applying to available data the methodology used to set the salary level in effect at the time of the update. |
Exceptions
Furthermore, there are a few exceptions to be mindful of.
Teachers and practicing doctors and lawyers are exempt from the FLSA’s minimum salary requirements, and school-specific minimums apply to academic administrative employees. That said, these same employees may be subject to different minimums under state or local law.
Exempt computer employees can also be paid on a salary or hourly basis. If salaried, they would be considered part of the EAP group and need to make the minimums listed above. On the other hand, if hourly, they would need to be paid at least $27.63 per hour. The 2024 final rule did not change this hourly rate.
Action Item
It is recommended that employers prepare for the increase scheduled to take effect on January 1, 2025, by either: (1) ensuring exempt employees meet the increased salary thresholds; (2) reclassifying exempt employees (salaried) to nonexempt (hourly), which includes a number of other considerations to be mindful of; or (3) a combination of the two.
Resourcing Edge will also continue to monitor and share developments as they occur.
Federal Register | Federal Contractor Minimum Wage Increases for January 1, 2025
On January 1, 2025, the minimum wage for work performed on or in connection with federal contracts will increase as follows.
Contracts Covered by Executive Order 13658
The minimum wage will increase to $13.30 per hour and the minimum base wage for tipped employees will increase to $9.30 per hour.
Contracts Covered by Executive Order 14026
The minimum wage will increase to $17.75 per hour (for both tipped and non-tipped employees).
The Department of Labor has published helpful FAQs on Executive Order 13658 and Executive Order 14026. A side-by-side comparison of these executive orders, including the contracts covered by each, can be found here.
Notice of the minimum wage increase for contracts covered by Executive Order 13658 and Executive Order 14026 was published in the Federal Register on September 30, 2024.
