Florida Employer Alert (Nov. 10, 2025): H-1B fee rollout, EEOC quorum restored, DOL pause, and fresh circuit court rulings—what smart SMBs should do now

Author: Yoel Molina, Esq., Owner and Operator of the Law Office of Yoel Molina, P.A.

25 November 2025

Florida Employer Alert (Nov. 10, 2025): H-1B fee rollout, EEOC quorum restored, DOL pause, and fresh circuit court rulings—what smart SMBs should do now

The last 30 days have been busy—and consequential—for Florida employers. Below I break down the developments that matter most to small and mid-sized businesses in Miami-Dade and across Florida, and the concrete steps you should take this week.

1) Immigration: H-1B changes you can’t ignore

USCIS implementation of the $100,000 H-1B fee. Following the September presidential proclamation, USCIS posted implementation details in late October. Bottom line: certain new H-1B petitions must include a $100,000 payment made via pay.gov or face denial. USCIS’ public materials explain the contours, and reputable summaries clarify the fee applies to beneficiaries outside the U.S. who do not already hold a valid H-1B visa; it does not apply to existing H-1B holders seeking extensions, amendments, or transfers. Have proof of payment (or documentation of an exemption) ready to file with the petition. ( USCIS)

Weighted H-1B selection (lottery) proposal—comment period still open (narrowly). DHS’s proposed weighted selection system (prioritizing higher-paid roles) closed general comments on Oct. 24, but the information-collection comments remain open until Nov. 24, 2025. If you hire specialty-occupation talent, weigh in; this could change how your recruiting strategy works for FY2027 registrations. ( Federal Register)

H-4 work authorization remains intact. On Oct. 14, 2025, the Supreme Court declined to review the challenge to DHS’s rule allowing many H-1B spouses (H-4 EAD holders) to work. For planning purposes, this means spousal work authorization remains available for now. ( Reuters)

Action items for Florida employers

For any new H-1B case involving a beneficiary abroad, budget the $100k and capture proof of payment before filing—or document why the case is out of scope. ( USCIS)
Audit your FY2026–27 talent plan: a weighted cap could favor higher wage levels; consider leveling offers and job architectures accordingly. ( Federal Register)
Keep H-4 EAD policies in place (I-9 reverifications, remote work eligibility), as the program continues. ( Reuters)

2) EEOC: Quorum restored—expect movement

After months without a voting quorum, the EEOC now has three commissioners and can again vote on regulations, guidance, litigation authorization, and its Strategic Enforcement Plan. Brittany Panuccio was confirmed by the Senate on Oct. 7 and sworn in at the end of October, restoring the quorum. Multiple management-side trackers expect a faster pace on rescinding/revising 2024 harassment guidance and updating positions affected by 2025 executive directives. ( CWC)

What this means practically

Policy refresh window: Employers should expect updated EEOC guidance on harassment, DEI-related issues, and possibly the Pregnant Workers Fairness Act (PWFA) interpretations. Start a policy gap-analysis now so you’re ready to revise handbooks and training. ( Jackson Lewis)
Charge handling: With full voting power, the EEOC can green-light more systemic investigations and litigation. Ensure your intake, investigation, and documentation processes are tight. ( JD Supra)

3) Department of Labor (WHD/OSHA/ETA): Official updates are sparse, but change is coming

The DOL’s public websites have been largely static since Oct. 1 due to a suspension of federal website updates. Don’t mistake that for inactivity. In early October the Senate confirmed Andrew Rogers as Administrator of the Wage and Hour Division (WHD)—the office that enforces the FLSA (overtime/minimum wage), FMLA, child labor, and more. Expect a policy and enforcement pivot once the agency’s communications resume. ( DOL)

What to prep in Florida

Overtime & exemptions: Re-validate your salary basis and duties classifications and fix any “working manager” roles drifting outside exemption duties. WHD leadership changes often precede new opinion letters, guidance, and targeted initiatives. ( Ogletree)
Independent contractor & joint employer: Get your IC tests (contractor agreements + actual practice) and franchise/contractor oversight in order; these areas are perennial WHD focus regardless of administration. ( Fisher Phillips)

4) Courts

(A) Eleventh Circuit (Florida/Georgia/Alabama): whistleblower landscape

There’s no new published Eleventh Circuit whistleblower merits decision in the past 30 days. The big near-term development is that the Eleventh Circuit will hear argument on Dec. 12 in a closely watched case out of Florida challenging the constitutionality of the False Claims Act’s qui tam provisions (the district court below had found them unconstitutional). Expect national media attention and significant compliance implications. ( Reuters)

Context worth noting even though it’s outside the 30-day window: in Sedona (July 25, 2025), the Eleventh Circuit held that relators can use facts learned in discovery to satisfy Rule 9(b) in amended FCA complaints—raising stakes for defendants once discovery opens. Florida-based federal contractors and healthcare entities should take this seriously. ( Eleventh Circuit Court of Appeals)

What Florida employers should do now

Audit reimbursement/billing + government-facing certifications (especially healthcare, defense, transportation).
Refresh internal reporting/anti-retaliation programs and investigate quickly—Eleventh Circuit precedent makes it risky to rely on “bare pleading” defenses alone after discovery. ( Eleventh Circuit Court of Appeals)

(B) Sixth Circuit (nearby persuasive authority): discrimination & retaliation takeaways you can use

Two fresh Sixth Circuit developments offer practical guidance that Florida employers can use as persuasive authority when designing policies and defending claims:

ADA: Night blindness + asthma can be disabilities; retaliation and failure-to-accommodate verdict affirmed. On Nov. 6, 2025, the Sixth Circuit affirmed a jury verdict for an employee whose night blindness and asthma limited work at night. The court emphasized the ADA’s individualized assessment and upheld findings of disability discrimination, retaliation, and failure to accommodate. Takeaway: don’t minimize “intermittent” conditions, and document the interactive process.
Temporal proximity isn’t enough—documentation wins. A Nov. 6, 2025 analysis collected recent Sixth Circuit rulings reiterating that timing alone (e.g., weeks between a complaint and termination) won’t prove retaliation or discrimination absent other evidence; decisions must be well-documented and already in motion to defeat “post-complaint” causation theories. One case, Welch v. Heart Truss (Oct. 6, 2025), also applied the “honest belief” rule to uphold termination where the employer reasonably relied on particularized facts. Florida courts often find this reasoning persuasive. ( JD Supra)

What to change this week

Accommodation playbook: Update your ADA intake forms and manager scripts; train supervisors to escalate any vision, respiratory, or scheduling issues for interactive-process review.
Retaliation defense: Keep chronologies showing when decisions were made; memorialize pre-complaint performance issues to undercut “temporal proximity” arguments later. ( JD Supra)

The Florida SMB checklist (practical, fast, defensible)

Hiring/immigration:
- For new H-1B cases involving beneficiaries abroad, attach proof of the $100k payment (if applicable). Build internal sign-offs so no one files without it. ( USCIS)
- Keep H-4 EAD onboarding and reverification protocols unchanged. ( Reuters)
EEOC readiness:
- Pre-schedule a harassment/EEO policy refresh for Q1 2026 so you can align quickly when the EEOC issues new guidance. ( Jackson Lewis)
- Tune up investigation SOPs and lit-hold practices; with a quorum back, expect more systemic looks. ( JD Supra)
Wage & hour (WHD):
- Re-test exemptions (duties + salary), update timekeeping, and get child-labor processes in order. Expect shifts as WHD leadership gets moving. ( Ogletree)
Whistleblower exposure (Eleventh Circuit):
- Map where your business interfaces with government funds (Medicare/Medicaid, PPP loan forgiveness remnants, defense subcontracts) and tighten oversight.
- Ensure your hotline and anti-retaliation policies actually work in practice; target 30-day closure on investigations where feasible. (Upcoming Eleventh Circuit arguments will keep FCA risk in the headlines). ( Reuters)
Disability/retaliation litigation posture:
- Train managers that intermittent or non-obvious conditions can qualify under the ADA; document the interactive process.
- Build decision files showing who decided what, when, and why—especially if an employee has recently engaged in protected activity.

Need help applying this to your company?

For legal help with immigration-driven hiring, EEOC compliance, wage-and-hour audits, or defending discrimination/retaliation claims in Florida, contact Attorney Yoel Molina at admin@molawoffice.com, call (305) 548-5020 (Option 1), or message via WhatsApp (305) 349-3637.