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October 22, 2025 Woodinville, WA — Do you go to work when you’re sick? Nearly 1 out of 3 people would prefer you didn’t, results of a recent survey show.   Energy drink producer Zipfizz commissioned an online survey of 2,000 Americans to learn about their approaches to cold and flu and the “evolving etiquette around rest and recovery.”   Thirty-one percent of respondents said going into work while coughing or fighting through sickness shouldn’t be considered a badge of honor. Despite this, around 1 out of 4 said they strongly believe showing up sick would impress bosses or superiors.   Although 20% of the respondents said they had attended a work or social gathering in the past year while feeling ill, 86% are concerned for their own well-being when a colleague comes to work visibly sick.   Other findings: Only 22% of the respondents who are employed feel pressure from an employer to show up when they aren’t feeling well. The top reasons for coming to work sick: “I had already committed” (28%) and “I couldn’t afford to miss work” (27%). 42% said their relationship with someone would be negatively affected if they showed up sick, with 64% saying the behavior is “selfish.” 57% agreed that expectations of others coming in sick have changed since the COVID-19 pandemic. 70% are more cautious about hygiene and illness now than before the pandemic.   “As we continue to adapt to new expectation around health, it’s clear that people are becoming more mindful of how their actions affect others,” Zipfizz spokesperson Marcela Kanalos said in a press release.   “The rise in remote work and virtual meetings, combined with an increased focus on hygiene and personal well-being, reflects a broader understanding that health isn’t just about feeling better – it’s about respecting the health of those around you.”

October 20, 2025 The National Council on Compensation Insurance is again recommending a reduction in workers’ compensation rates in Florida and Alabama, and regulators in both states have scheduled public hearings about the proposed changes. In Alabama, the NCCI recently called for a 4.5% average reduction in loss costs, effective March 1, 2026. That follows a 6.1% decrease for 2025, approved late last year. The NCCI also is recommending a 3.6% decrease in the assigned risk rate level in Alabama for next year, the Alabama Department of Insurance said in a bulletin. To contemplate the falling rates, Alabama Department of Insurance will hold a hearing on Thursday, Dec. 4, at 2 p.m. Central time, at the DOI offices on Monroe Street in Montgomery. NCCI representatives will attend remotely, through an online computer link. Other prospective attendees should notify the department of their attendance by 5 p.m. on Nov. 28, via email to john.mcdonald@insurance.alabama.gov. Written comments should be sent by that deadline to Alabama Department of Insurance, Legal Division, Post Office Box 303351, Montgomery, AL 30130-3351. In Florida, NCCI has proposed a 6.9% decrease in rates for the voluntary market, effective Jan. 1. If approved by Florida’s Office of Insurance Regulation, the decrease would mark the ninth straight year for workers’ comp rate reductions in the Sunshine State. Regulators approved a 1% average decrease for 2025 – the smallest cut in years. That followed decreases of 15.1% in 2024 and 8.4 % in 2023. Since 2003, when Florida lawmakers made historic changes to the state’s workers’ compensation system, overall rates have fallen by a cumulative 85%. The Florida public hearing will be Tuesday, Oct. 21, at 10 a.m., the OIR said in a bulletin. Participants can register here to participate online or can tune in by telephone by calling 877-309-2074; the access code is 806-883-902. Public comment may be submitted at the rate hearing or emailed to ratehearings@floir.com with the subject line “NCCI.”

October 17, 2025 A Florida appellate court upheld a determination that an injured worker was fired for misconduct and not entitled to disability benefits after losing his job.   As documented in Cobb v. TECO Energy Inc., Leroy Cobb Jr. was working for TECO Energy in 2023 when he injured his wrist. He was released to light-duty work after the accident, and TECO accommodated his restrictions.   The company fired Cobb in May 2023 based on reports that he had been sitting in a truck, doing nothing, while on company time, according to the ruling. After his termination, a dispute arose over his entitlement to temporary partial disability benefits.   Florida law provides that temporary partial disability benefits are not payable if an employee is fired from post-injury employment based on misconduct. The law defines misconduct as that “evincing such willful or wanton disregard of an employer’s interests as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect of the employee; or carelessness or negligence of such a degree or recurrence as to manifest culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of an employer’s interests or of the employee’s duties and obligations to the employer.”   A judge of compensation claims found that Mr. Cobb was not entitled to benefits because he was fired for misconduct.   The Court of Appeal for the 1st District of Florida said there was competent, substantial evidence in the record to support the judge’s factual findings that Mr. Cobb was “an average employee at best” who was not a “team player” and “simply refused to follow policies and rules.”   The claims judge further found that TECO presented “cumulative and redundant testimony” that detailed numerous instances of behavior by Mr. Cobb that were contrary to the company’s code of conduct and that he had repeated violations of explicit policies, even after several warnings. That judge concluded that the “repeated problems with his behavior” amounted to misconduct by Mr. Cobb.

October 17, 2025 Over the past decade, employers have faced an increasing number of employees who take prescribed medication for a variety of conditions, including pain, anxiety, depression, and other long-term conditions. The employees may disclose their prescription drug use as part of return-to-work discussions or in conjunction with a drug screening.   In some situations, employers become concerned over the impact of prescription drugs on safe and effective work performance. These concerns are often based on the manufacturer’s generic warnings, including cautions against driving or operating heavy machinery when using the drugs. In some cases, employers attempt to use such warnings as grounds for refusing to reinstate a worker while they continue to use the medication.   Reliance on generic side effect information can conflict with the employee’s own doctor’s assessment of their ability to perform the job. The manufacturer warnings fail to take into account the dosage, timing of use of the drugs, and other factors that can determine whether such use will interfere with job performance. When faced with a disability discrimination claim, a doctor’s individual analysis about the employee’s fitness will usually trump generic warnings about potential side effects.   This does not mean that employers should ignore their concerns over the ability of an employee using prescription drugs to safely and effectively perform their job duties.   Once the employer learns of such use, it can ask for information from the worker’s physician, explaining the job duties and asking whether the drugs present any issues with job performance.   The employer can also observe the employee’s performance to determine if there are indications of adverse effects from the medication. These observations can form the basis for a request for additional medical information or even removal from the position pending resolution of these concerns.   For employers, relying on a drug manufacturer’s general warnings cannot substitute for an individualized analysis of the actual impact of prescription drug use on that employee.

October 17, 2025 For those thinking that classifying workers as independent contractors is a cheaper way of doing business, beware.   A California court just ordered a home healthcare business to pay $10 million in restitution and civil penalties for misclassifying its home care workers as independent contractors.   The judgment in the case states that the company already was on notice for the misclassification and also had represented to its customers that the workers were actually employees.   The misclassification resulted in loss of overtime pay to the workers, loss of workers’ compensation coverage and benefits, and loss of various tax withholdings that were for the benefit of the workers and the state.   Be Sure to Apply the Independent Contractor Test We blogged recently on the relaxation of the federal independent contractor test under the Trump administration. This is the Department of Labor test that applies to the Fair Labor Standards Act for federal wage issues.   As we stated in that post, however, there are other tests for issues arising under other agencies and for issues arising under state law. This California case is a good reminder of the danger of ignoring state law.   The California Test The California test is simpler and arguably more employee-friendly than most other tests, but it is a helpful guide even if it does not apply to you. It is called the “ABC Test.” Under this test, for a worker to be an independent contractor, all three of these criteria must be met:   A.     The worker must be free from control of the company; B.     The worker must perform work outside the course of the company’s usual business; and C.    The worker must be customarily engaged in an independent business of the same nature as the work performed for the company.   While many of our readers will never be subject to this ABC Test, it is a good self-check to use in evaluating the status of a company’s workers.   Takeaways Do not assume that independent contractor lawsuits and agency audits have gone away — they have not. All employers should evaluate seriously whether this classification route actually is cheaper in the long run.

October 17, 2025 Washington — Nearly 60% of small-business employees have witnessed a workplace injury in the past year, and almost half of those injuries were considered preventable, results of a recent survey show.   Pie Insurance, a commercial insurance provider for small businesses, commissioned a survey of more than 1,000 full- or part-time workers at businesses with 500 or fewer employees.   It found: Two-thirds of the respondents have ongoing safety concerns at work, but 17% are hesitant to report them. 44% of the workers don’t know how to report an injury and 65% don’t know how to file a workers’ compensation claim. Only 29% of workers said they regularly receive safety training, even though 63% of employers say they provide structured training. 28% said they’ve never received formal safety training. Mental health is the workers’ top safety and health concern, with 32% in agreement. Physical injury (20%), environmental hazards (9%) and equipment safety (4%) followed.   “What I find most meaningful about this data is that it shows the gap between what employers think they’re providing and what employees actually experience, and that’s where the real opportunity lies,” Carla Woodard, senior vice president of claims at Pie, said in a press release. “Small businesses that close this divide by genuinely engaging employees in safety decisions won’t just prevent injuries, they’ll build modern safety cultures that attract top talent and deliver measurably safer outcomes. That’s the kind of competitive advantage you can’t buy.”

October 16, 2025 Online safety training proactively prevents workplace accidents, reducing claims and associated costs.   Key Highlights Online safety training reduces accident rates by equipping workers with hazard recognition and safe procedures, preventing costly claims before they occur. Regulatory compliance is simplified through digital training libraries, helping employers avoid fines and penalties that can increase workers’ comp costs. A strong safety culture, supported by trackable online training, can improve MOD scores and lead to lower insurance premiums over time. Case studies show significant premium savings, such as a trucking fleet saving over $250,000 annually after reducing collisions and improving their EMR. Investing in online safety training offers quick ROI by preventing costly injuries, reducing downtime, and improving employee engagement and retention.   For employers across North America, workers’ compensation premiums are one of the most significant controllable expenses in their operating budgets. Premiums are designed to reflect risk: Companies with higher injury rates pay more, while those with better safety records are rewarded with lower costs. In today’s competitive business environment, every dollar saved on insurance can be reinvested into growth, wages or innovation. The challenge? Reducing premiums requires more than reacting to accidents—it requires proactively preventing them. That’s where online safety training has emerged as a powerful, cost-effective solution. As Rick Finemann, vice president of loss control at Berkshire Hathaway Homestate Companies, explained, in a recent sit down I had with him: “The dollars tied up in claims are staggering, but the real cost is in the human impact and the productivity you lose. That’s why prevention is always more powerful than paying claims after the fact.” By embedding online training into their safety programs, employers can reduce accident frequency, improve compliance, and build a safety culture that lowers claims—and with them, workers’ compensation premiums. How Workers’ Compensation Premiums are Calculated To understand how training affects premiums, it helps to first understand the formula. In both the U.S. and Canada, workers’ compensation systems look at several key factors: Industry classification: High-hazard industries, such as construction or trucking, start with higher base rates. Payroll size: More workers mean more potential exposure, so premiums scale with wages. Experience Modification Rate (EMR or MOD) : A performance score that compares an employer’s claim history to others in the same industry. An EMR of 1.0 is average; below 1.0 indicates fewer claims and results in discounts, while above 1.0 means surcharges. Claim frequency and severity: Both the number of claims and the cost of those claims matter. A single catastrophic loss or repeated minor injuries can drive premiums up. Online safety training directly influences the most controllable part of this equation: claims frequency and severity. Why Online Safety Training Matters 1. Reducing Accidents Before They Happen Every claim avoided is a premium dollar saved. Online training equips workers to recognize hazards and follow safe procedures, whether it’s preventing a fall, handling chemicals properly or avoiding distracted driving. As Finemann noted, “If all you do is wait for claims, you’re behind the curve. Training gets you upstream. It stops accidents before they hit your balance sheet.” 2. Building Compliance and Avoiding Penalties Regulators in both the U.S. and Canada require employers to train workers on specific topics: hazard communication, personal protective equipment, confined space entry, HazCom/WHMIS and more. Failure to comply not only increases accident risk but can also lead to fines, which indirectly affect workers’ comp costs by inflating claim severity and drawing scrutiny from insurers. Online training libraries keep employers aligned with evolving standards automatically. 3. Creating a Culture of Safety Workers’ comp premiums don’t just reflect injuries—they reflect organizational culture. Companies with robust, trackable training programs demonstrate to insurers that they are serious about prevention. Over time, this reduces MOD scores and secures more favorable rates. Finemann reinforced this cultural point when he noted, “Our job isn’t just to underwrite risk—it’s to shape it. Employers have that same opportunity. When they use training to change how people think and act on the job, premiums follow.” The ROI of Online Safety Training While the upfront cost of an online safety training platform might range from a few dollars to a few hundred dollars per employee per year, the return is almost immediate when compared against the cost of claims. The National Safety Council estimates the average direct cost of a lost-time injury is over $40,000. In many cases, just one claim can raise an employer’s EMR enough to increase premiums for three years or more. Compare that to an online training subscription that might cost $199 annually per employee. Preventing even a single recordable injury delivers a return on investment many times over. Benefits Beyond Premiums Productivity Gains : Trained employees make fewer mistakes, handle equipment properly and return to work faster if incidents occur. That reduces downtime and keeps operations moving. Employee Morale and Retention: Workers are more engaged when they know their employer values safety. Strong safety cultures reduce turnover, which also reduces onboarding costs and further stabilizes insurance premiums. Defense Against Claims : When claims do arise, documentation matters. A learning management system (LMS) creates a digital record of training completion that employers can use to demonstrate due diligence. This evidence can limit liability and reduce claim severity in litigation. Case Examples: Training and Premium Impact Trucking Fleet: After implementing online distracted driving modules, a regional fleet saw collisions drop by 30%. Over the next renewal cycle, their EMR dropped from 1.25 to 0.98, saving more than $250,000 in annual premiums. Manufacturing Plant : A plastics manufacturer rolled out eLearning on chemical safety and machine guarding. Injury frequency fell by 40% over two years, cutting their workers’ comp surcharge by 20% and making them eligible for a safety group dividend. Construction Firm : By integrating online fall protection and ladder safety training, a mid-sized contractor reduced fall claims from six in one year to just one the next. Their EMR moved below 1.0, earning them preferred status with both insurers and clients who require strong safety records. Practical Steps for Employers Assess Your Loss History: Identify the top drivers of your workers’ comp claims (e.g., slips, back injuries and vehicle incidents) and prioritize training in those areas. Deploy a LMS: Use a learning management system to assign, track and document completion of courses. This not only proves compliance but also highlights training gaps. Engage Supervisors : Combine online learning with short, in-person toolbox talks led by supervisors to reinforce lessons in context. Track and Adjust: Monitor training completion and compare it against incident data. Over time, you’ll see where more reinforcement is needed. The Long-Term Payoff Online safety training is not just about avoiding one or two claims—it’s about changing the trajectory of your workers’ compensation costs. With consistent use, employers can lower EMRs, qualify for rebates or dividends, and improve their competitive position in bidding for contracts (many of which now require proof of strong safety records). As Finemann summarized, “I’ve seen firsthand that when training is easy to access, incidents fall. It’s not theoretical. It shows up in the numbers, in fewer claims and in lower premiums.” The Smartest Investment Workers’ compensation premiums are a reality of doing business, but they don’t have to be an uncontrollable burden. Employers that embrace online safety training have a proven path to reduce claims, lower EMRs and unlock significant savings. Beyond the financial impact, they gain safer workplaces, stronger cultures and a reputation as employers of choice. In a competitive marketplace where margins are thin, the message is clear: online safety training is not just an HR tool—it’s a financial strategy. And for employers that want to protect their people and their bottom line, it may be the smartest investment they can make this year.

October 16, 2025 Rep. Berny Jacques is trying again to pass his bill expanding E-Verify compliance to all private employers.   A Florida Republican on Thursday re-filed a bill from last year requiring all private employers to use a federal database verifying whether new hires are legally in the country.   Rep. Berny Jacques, a Seminole Republican, issued HB 197 to mandate all private businesses use E-Verify, a federally operated system allowing employers to electronically verify whether new employees can legally work in the United States. Florida already requires all public agencies, their contractors, and their subcontractors to use E-Verify.   “Beginning on July 1, 2026, a private employer shall use the E-Verify system to verify a new employee’s employment eligibility,” the bill reads, striking existing language that only requires businesses with at least 25 employees to use E-Verify.   More than 475,000 small businesses in Florida have fewer than 20 employees, according to a 2025 report by the Small Business Administration. Not counting businesses without employees — of which there are more than 2 million — there are fewer than 518,000 total small businesses employing one to 499 Floridians.   Jacques had tried to pass this measure during the 2025 session, but its Senate version stalled. Jacques’ bill, meanwhile, passed the House Floor with bipartisan support.   “We look forward to passing this in the House again and urge the Senate to join us in this effort,” Jacques told the Phoenix in a text message.   E-Verify in Florida Immigration has been a headlining topic for Florida Republicans in recent years, dominating the past few sessions.   In 2023, former senator — now Chief Financial Officer — Blaise Ingoglia, a Spring Hill Republican, sponsored a massive immigration crackdown. The sweeping law required private businesses with at least 25 employees to use E-Verify and mandated Medicaid-accepting hospitals to question whether patients are citizens and report that information quarterly to the state.   During the 2025 session, GOP lawmakers upped the ante with another immigration package, this time forcing all counties to partner with ICE, removing in-state tuition for undocumented college students, and creating a state-level crime of illegally entering Florida.   The anti-undocumented immigration fervor has been reflected on the national stage under President Donald Trump, who’s expanded Immigration and Customs Enforcement, encouraged construction of detention centers nationwide, and promised federal grants to states aiding in the arrest and detention of undocumented immigrants.   Last session, Sen. Jason Pizzo of Sunny Isles Beach, then a Democrat and now an independent, filed a competing bill that would have severely punished businesses for flouting E-Verify requirements. Although it similarly required all private companies to use the system, it would have revoked the business license of an employer who hires an immigrant illegally in Florida and charged him tens of thousands in fines.   Under existing law, the Florida Department of Commerce can fine violators $1,000 per day three times within two years, place them on probation for a year, and have them report to the department quarterly.   Pizzo has yet to file a similar bill for the 2026 session. He had not responded to a request for comment at the time of publishing.

October 16, 2025 More than 50% of Florida’s manufacturing workforce is 45 years or older.   While Florida leads the nation in attracting and developing skilled workers, headwinds are approaching, according to Florida Commerce Secretary Alex Kelly.   Florida is now third in the nation in terms of total manufacturing companies, but only 10th in the number of manufacturing employees, at approximately 430,000. Since 2014, Florida has increased manufacturing employment by 23.3% and, in 2022, the average annual wage for manufacturing jobs was more than $74,000, according to the 2023 Florida Manufacturing Report.   Speaking before the House Careers and Workforce Subcommittee on Tuesday, Kelly discussed what he said was a “huge challenge” in getting young people interested in working in a skilled labor environment, saying a high salary isn’t always the driving factor. And he said that more than 50% of Florida’s manufacturing workforce is 45 years or older.   “Which is very disproportionately different than most of our other workforce sectors in Florida,” he said. “So, for all we’re doing, we’re just simply aging our retirements out of our manufacturing sector … faster than people coming into it.”   The nature of the state’s retiring workforce will remain constant until approximately 2035, Kelly said, when it will “arc back in the other direction. But that’s a 10-year challenge for us that will definitely require a lot of policymaking thought.”   That remark prompted state Rep. Rep. Allison Tant, D-Tallahassee, to ask the three members of the business community also appearing before the committee whether they were doing anything specifically to draw younger people into industry, specifically middle-school students, to avoid attrition in the manufacturing workforce before 2035.   Andy Norman, president and CEO of Lakeland’s GMF Steel, said it would take a combination of public and private efforts to encourage young people to enter trades and, specifically, construction management in the case of his company.   “We’re only graduating 250 students a year in the entire state of Florida in construction management out of five [state] universities,” he said, adding that the largest number is coming from the University of Florida, but only between 65 and 70 students.   He noted that as the largest producer of tonnage of structural steel in the state, “we’re having to train every single aspect of it because there’ s no formal training” at either a four-year or a technical institution for the skills required to work at his company.   Eddie Gonzalez Loumiet, chairman of the board at Ruvos, a Tallahassee IT services company, expressed concern about outdated computers in the K-12 school system, but said a real opportunity lies in teaching digital literacy to the parents of those students.   When Rick Scott led Florida as governor from 2011-2019, his administration offered hundreds of millions of dollars in economic incentives to recruit out-of-state businesses.   Committee Chairwoman Tiffany Esposito, R-Fort Myers, asked Kelly where he was philosophically when it comes to offering tax incentives to recruit businesses to Florida.   Kelly replied that the two biggest drivers for companies considering coming to Florida is the quality of the workforce and the physical location.   “No company is going to go somewhere in the time that we’re in if you don’t have the workforce and the site that can be a great host to that company,” he said.   He added that when a company that begins the conversation about moving to Florida by discussing tax incentives that’s an immediate “red flag” to his staff that perhaps that company isn’t seeking to stay long in the Sunshine State.

October 16, 2025 Seasonal employment can be a great way to add temporary workers for retail, restaurants and catering, delivery, customer support and more. But is your business compliant and protected?   The holiday shopping, service and tourism rush can be a very lucrative time of year for small businesses — but holiday hiring logistics can be a challenge. NEXT highlights what business owners need to know: when to start recruiting, how pay and overtime work, and if seasonal employees require workers’ compensation insurance.   Workers’ compensation insurance requirements for seasonal hiring Most states require businesses with at least one employee to carry workers’ compensation insurance. This coverage can help cover medical expenses, lost wages and other costs related to on-the-job injuries or illnesses. Workers’ comp can help protect your business from covering these costs out of pocket. It can also help provide support to injured employees so they can recover and return to work.   During the holiday rush, the risk of workplace injuries can increase. Seasonal employees are often less experienced, receive less training and are placed into fast-paced environments right away. That combination can lead to:   Physical   injuries : Slips, trips and falls, strains from lifting or moving equipment, or accidents caused by working quickly under pressure. Repetitive motion issues : Tasks that require constant lifting, packing, carrying or operating equipment can lead to sprains and overuse injuries. Fatigue and stress-related risks : Long hours, irregular schedules and high customer demand can raise the chance of mistakes that cause accidents or injuries. Seasonal employees are usually treated the same as full-time employees or part-time staff when it comes to workers’ comp. That means if you’re required to carry coverage for your business, your temporary hires typically need to be covered, too.   Check your state’s requirements before hiring seasonal help to avoid unexpected costs and compliance headaches.   Best   practice : Even temporary employees should go through basic safety training. A short orientation on lifting techniques, handling spills or navigating customer interactions can reduce the likelihood of accidents — and may also help lower the number of workers’ comp claims.   Pay rates and overtime pay for seasonal workers Seasonal employees are generally subject to the same employment laws as regular employees, including rules on minimum wage and overtime pay. Under the Fair Labor Standards Act (FLSA), most seasonal employees must earn:   At least the federal minimum wage ($7.25 per hour) and;   Receive overtime pay at one-and-a-half times their hourly wage for hours over 40 in a workweek.   However, state laws differ significantly, often requiring a higher minimum wage or more generous overtime rules. (Check your state’s minimum wage.) Noncompliance can lead to costly fines or legal action, so staying informed about your local regulations is crucial.   During the holiday season, overtime becomes especially relevant. Retailers often extend hours for Black Friday, Christmas Eve and post-holiday sales, while warehouses and delivery services see demand surge right up until packages need to reach customers. These longer shifts can quickly trigger overtime pay requirements, so it’s important to budget for extra labor costs and schedule staff carefully.   There are exceptions specific to seasonal businesses. For example, employees at seasonal amusement parks or recreational facilities operating less than seven months per year might be exempt from the standard overtime pay requirements set by the FLSA. If your business falls into these categories, carefully verify your eligibility for these exemptions.   Best   practices : Document employment terms — including pay rates, overtime policies, and expected work hours — to prevent misunderstandings and potential disputes. Consult a labor attorney or your state labor department before hiring seasonal workers to ensure you're fully compliant.   7 tips for hiring and retaining seasonal employees These tips can help you find quality seasonal workers when you need them most. Read more

October 15, 2025 On September 19, the U.S. Department of Justice (DOJ) announced a False Claims Act (FCA) settlement with a New Jersey shipyard that allegedly hired subcontractors employing undocumented workers.   The recent settlement highlights an ongoing shift in the federal government’s strategy to enforce immigration laws aimed at businesses with federal contracts. It also underscores the Trump administration’s stated focus on enforcing immigration laws through various legal avenues, including criminal, civil, and administrative investigations and enforcement actions against employers.   Businesses should expect and prepare for heightened scrutiny regarding their hiring and employment practices under this administration.   Increased FCA Risks for Employers The FCA prohibits individuals and businesses from knowingly submitting false or fraudulent claims for payment to the federal government under 18 U.S.C. § 287. FCA violations can result in civil penalties, including significant fines per violation (currently more than $14,000 per claim), plus potentially three times the government’s actual damages.   Violations can also result in criminal penalties involving fines (up to $500,000 for businesses), imprisonment (up to five years) for individuals, and exclusion from future federal contracts and programs.   Traditionally utilized to pursue government contract fraud, the Trump administration has expanded application of the FCA to charge federal contractors who employ individuals without legal immigration status.   In the recent settlement with a New Jersey shipyard, Bayonne Drydock and Repair Corp. (Bayonne), the DOJ alleged that Bayonne used subcontractors that employed approximately 52 undocumented workers on Navy ships between May 2017 and December 2020. Bayonne’s risk manager owned the subcontractors at issue.    Interestingly, Bayonne’s risk manager had already received a Notice of Suspect Document from Homeland Security concerning its unauthorized employment of undocumented workers in 2016, suggesting a pattern of prior misconduct. Bayonne’s risk manager was ultimately convicted of harboring undocumented “aliens” under 8 U.S.C. § 1324(a)(2) and (f)(1), and Bayonne agreed to pay more than $4 million in settlement.   The settlement agreement noted the obligation of federal contractors to verify the employment eligibility of all newly hired employees through E-Verify, the online platform companion to the I-9 process.   While the FCA, in this context, only applies to federal contractors, these settlements underscore the administration’s broader efforts to intensify immigration-related enforcement.   Trump Administration’s Broader Immigration Enforcement Efforts The administration is employing a wide range of additional strategies to scrutinize businesses for immigration-related violations.   Earlier this year, President Donald Trump signed Executive Order 14159, “Protecting the American People Against Invasion,” which directed the Secretary of Homeland Security and Attorney General to “take all appropriate action” within the civil and criminal context to enforce federal immigration laws. Following this order, there have been several examples of this promised heightened immigration-related enforcement.   ICE Inspections and Workplace Raids The federal government is increasingly using Immigration and Customs Enforcement (ICE) inspections and workplace raids to identify potential immigration-related violations.   ICE has broad authority to inspect an employer’s I-9 forms by issuing a notice of inspection. An inspection could trigger a deep probe into an employer’s payroll and other business records. Employers found to be employing undocumented workers can face serious repercussions, including civil charges and fines.    Earlier this year, ICE imposed fines exceeding $8 million on three Denver businesses after it “uncovered widespread” I-9 violations, highlighting the substantial impact these inspections can have on businesses.   Prosecutions for Harboring Undocumented Workers The federal government is also increasingly prosecuting businesses for “harboring undocumented aliens,” which is defined as, “concealing, harboring, or shielding from detection” any person who is unlawfully present in the United States under 8 U.S.C. § 1324(a)(1)(A)(iii).   In March 2025, the U.S. Attorney’s Office for the Southern District of Texas charged the owners of a bakery with harboring illegal individuals after they discovered the owners were allegedly employing and housing undocumented employees in a room located within the same plaza as the bakery.    In August, the owners were convicted after a jury trial of two counts of harboring individuals and conspiracy to do so; their sentencing is pending. There are several other examples of this type of enforcement, such as a February 2025 case involving a restaurant owner in Florida.   Increased Whistleblower Incentives The administration is also providing employees with greater incentives to report their employer’s suspected noncompliance with immigration laws.    In May 2025, the DOJ updated its Corporate Whistleblower Awards Pilot Program to include “violations by corporations of federal immigration law.” Pursuant to this amendment, whistleblowers, including current and former employees who may be disgruntled, can submit a tip to the DOJ regarding immigration law violations and receive a substantial reward if the DOJ secures a successful prosecution against their employer.   Emerging Immigration Enforcement Issues In addition to I-9 inspections, ICE can conduct worksite inspections utilizing Blackie’s warrants.   These are civil administrative inspection warrants that allow law enforcement to enter worksites and search for suspected undocumented workers and investigate a pattern or practice of employing unauthorized workers.   Blackie’s warrants are issued on probable cause to believe that undocumented workers will be found on the premises. Unlike traditional search warrants, law enforcement is not required to provide names or descriptions of the people being sought.   Although Blackie’s warrants have been used frequently for immigration enforcement in both Trump administrations, in May 2025, a Texas federal court rejected an ICE application for a Blackie’s warrant that sought to “enter and search a private business to which they would otherwise be denied access so that they may exercise their warrantless arrest powers in furtherance of a criminal investigation into the unlawful employment of unauthorized aliens.”   Reasoning that using Blackie’s warrants to search for immigration violations is “inherently criminal because the owner(s) of the target business face criminal penalties,” the court cited Fourth Amendment protections to deny the application. Given the court’s decision, the future use of Blackie’s warrants by ICE bears monitoring.   Recommended Actions for Employers Considering this expanded enforcement posture, employers must develop and maintain their compliance programs to align with the latest regulatory expectations. Key actions include:   Training staff on updated immigration enforcement priorities and relevant regulations; Conducting internal audits of I-9 and E-Verify records and preparing for voluntary disclosure and remediation, if necessary; Establishing policies and procedures for subcontractor and intraorganizational management, including oversight mechanisms to prevent unauthorized employment practices such as engaging subcontractors to knowingly employ unauthorized workers; Developing and maintaining strategies for preparing for potential ICE inspections and workplace raids appropriate for the industry; and Engaging legal counsel with experience in immigration, white-collar, and employment law to address issues from multiple perspectives and effectively manage any arising challenges.