On March 16, 2026, U.S. Immigration and Customs Enforcement released an updated Form I-9 inspection fact sheet, classifying many I-9 errors as substantive violations. This distinction is important: technical or procedural failures usually allow at least 10 business days for correction, but substantive violations may result in a Notice of Intent to Fine without that opportunity.

What Changed:

‍The statutory framework remains the same, but the practical risk has changed. ICE now classifies more errors as substantive violations. Employer-side commentators call this a significant reclassification of errors previously seen as clerical or correctable.

Errors ICE Now Identifies as Substantive:

The fact sheet lists several substantive violations: failure to prepare or present Form I-9, late completion of Sections 1 or 2, use of the Spanish-language I-9 outside Puerto Rico, missing employee details in Section 1, incomplete List A, B, or C documentation, missing employer representative details in Section 2, missing preparer or translator information when required, and incomplete reverification or rehire information in Supplement B.

ICE also considers it a substantive violation to omit the alternative-procedure box when using an authorized method or to use the method without meeting E-Verify or DHS requirements.

Penalties and Retention:

Current penalties for I-9 paperwork violations range from $288 to $2,861 per violation, adjusted annually. ICE calculates penalties based on the number of substantive and uncorrected technical violations, then adjusts by up to 25% based on business size, good faith, seriousness, unauthorized worker involvement, and prior violations.

Employers must retain Form I-9 for each current employee and, for former employees, for at least three years after hire or one year after employment ends, whichever is later. As best practice, employers should keep I-9s and any retained supporting documents in a separate I-9 file or system, not in individual personnel files.

Take-Aways:

Do not assume HSI will treat minor I-9 mistakes as technical defects with an opportunity to fix them. When receiving a Notice of Inspection, employers have only three business days to provide requested I-9s, so HR should proactively audit I-9s, review remote onboarding, confirm electronic systems comply, and train staff. Employers unsure about compliance should consult employment or immigration counsel.

For further information, please contact Tim Bowles, Cindy Bamforth, or Helena Kobrin.

See also:

• Channel The Waters - Workplace Policy Handbook & Forms for 2026 (May 27, 2026)
• Verification Modification - Minor Changes to Form I-9 Language (April 25, 2025)
• Ice Capades - Immigration Enforcement in the California Workplace (March 28, 2025)

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Cindy Bamforth

June 19, 2026

Into the What-Were-They-Thinking Department entered two Orange County lawyers, filing briefs the federal appeals court later found to contain “multiple nonexistent cases, misattributed quotations, and gross misrepresentations of real cases.” Claiming the errors were innocent typos, the attorneys denied the possibility that generative artificial intelligence might have produced the errors. The Court, finding otherwise,  sanctioned the lawyers, including a six-month suspension from the practice  of law. Anu v. Blanche (June 3, 2006).

Along the way, one of the lawyers eventually conceded it was “possible” AI had been used by the law student who drafted the briefs. While the attorney “reviewed” them before filing, “no licensed attorney read the cases cited ...”

While not condemning generative AI as inherently unethical, the Court noted the tool prone to “hallucinations”—fabricated authorities and inaccurate legal statements. Even legal-specific tools from major research providers had reported hallucination rates of 17% and 33% on a representative set of legal queries in 2024.

A competent lawyer must do more than ask AI, confirm the cited case exists, and “call it a day.” The lawyer must “read and reason,” responsible for analysis of the referenced authorities.

However once called out, the lawyers went all-in, offering fictional justifications for their breaches of diligence and candor. The three-judge panel further found these as knowing or “recklessly false statements” to the Court.

The Court thus sanctioned each attorney $2,500, suspended them from practice before the Ninth Circuit for six months, and directed them to provide the disciplinary order to their clients, opposing counsel, presiding judges in all pending cases and every attorney in their firm.

For two years, the lawyers and all attorneys at their firm must include in filings a sworn statement disclosing whether generative AI was used, identifying the tool, and certifying that the signing attorney personally reviewed the filing and verified that all citations and quotations refer to existing authority.

Boom.

Take-Aways:

While AI can assist lawyers, it cannot replace them. The signing attorney is responsible for every filed citation, quotation, and legal proposition. The lawyer also must immediately report AI hallucinations found in filings.  A cover-up may be punished more harshly than the botched brief.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:‍

● Techno Train Wreck - Lawyers v. Artificial Intelligence (May 8, 2026)

● Automatic Behavior Modification - Curbing AI's Potential for Workplace Discrimination (August 28, 2025)

● Workplace Artificial Intelligence - EEOC Goes Old School (May 23, 2023)

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Tim Bowles

June 12, 2026

Effective July 1, 2026, several California cities and counties will increase their local minimum wage rates.

To keep track of interim updates, see the UC Berkeley Center for Labor Research and Education.

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For employers with remote employees in multiple jurisdictions or employees who travel across different cities and counties, applicable minimum wage rates may vary based on each employee’s work location(s).  To simplify compliance, some employers choose to pay the highest applicable minimum wage across all locations.

Some industries, such as fast food, hotels, and healthcare, have separate minimum wage requirements.  Employers in those and other specialized industries should check on whether a special minimum wage applies to their industry.

Covered employers must conspicuously post the applicable wage notice or notices, which are available through the links above.

See also:

• Channel The Waters - Workplace Policy Handbook & Forms for 2026 (March 27, 2026)
• California Minimum Wage Rates as of January 2026 (December 19, 2025)
• California New Minimum Wage Rates Take Effect in July (June 19, 2025)

Helena Kobrin

Daniska Coronado

June 11, 2026

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A company establishes its brand by a correctly-used and protected trademark or service mark. Trademarks protect tangible goods and service marks protect services.  Companies must take appropriate steps to safeguard such important and valuable assets.

An important first step is to choose a strong mark. Look for one that no one else is using for the same or similar products or services.  It also should not copy a particular use by a strong brand, such as using “’R Us” with Toys or some other word.

It also must not be too generic or descriptive of products or services.  For example, if a business sells candy, it cannot register “Candy Store” for its trademark, but if it sells clothing, it may be able to do so.

Once a mark has been selected, register it with the US Patent and Trademark Office to protect from unauthorized use.  Maintaining registration and complying with use requirements guard against pilfering of a mark’s acquired goodwill.

A trademark attorney can obtain appropriate searches for users of similar marks and can advise whether a mark is a good candidate for USPTO registration.  It is possible to purchase a trademark search directly.  However, without review by a qualified attorney, the search may have little value and the trademark can be challenged after a company has invested in using it.

A registered trademark owner must file with the USPTO every few years to maintain protections. Calendars are highly recommended for such legal dates.

Our firm is available to help select, vet, register and maintain trademarks and service marks.

Take-Aways:

Hire a qualified trademark attorney to help choose, register and maintain strong trademarks with the proper, timely USPTO filings.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

‍The Annals of Trademark Number 2: Selecting a Mark Part 1 (October 24, 2014)

The Annals of Trademark Number 1: What is a Trademark? (October 16, 2014)

Copyright Protection: How Long are Copyrights Protected? Not So “Elementary My Dear Watson!”

Helena Kobrin

June 5, 2026

Equal Employment Opportunity Commission regulation requires private employers with more than 100 workers, and federal contractors and first-tier subcontractors with 50 or more employees or with contracts worth more than $50,000, file an annual EEO-1 report addressing demographic data by number of employees, race/ethnicity, sex, and job category.

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The required filing date changes annually.  This year, the EEOC has not yet announced the filing window.  However, a “rescission” proposal is pending with the White House’s Office of Management and Budget that reportedly will eliminate the requirement altogether.

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If the federal EEO-1 reports go by the boards, California’s pay data reporting law remains, mandating private employers with 100 or more employees (with at least one employee in California) to annually submit detailed, establishment-specific information to the Civil Rights Department.  This year’s deadline was May 13, 2026.  Late filings carry a mandatory $100 penalty for the first offense, $200 subsequently.

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Take-Away:

Employers of all sizes should calendar and comply with applicable federal, state and local government reporting deadlines.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Equal Opportunity Report Due: Applies to Companies with 100 or More Employees
• Compliance Countdown: ‍California Pay Data Reporting Deadline Nears, May 13, 2026 (May 7, 2026)
• Sweat the Details: Friendly Workplace Practices Audits Before PAGA Comes Calling (January 24, 2025)

Helena Kobrin

May 29, 2026

Clearly written policies and procedures support productivity, reduce confusion, and limit preventable employment disputes. Employers who rely on outdated forms or handbooks risk unnecessary exposure as employment laws continue to change.

Our 2026 workplace policy forms and handbook provide a practical “hire-to-fire” foundation to align workplace operations with current legal requirements.

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2026 Model Forms include:

• Employment application and job description prototype, including key requirements for Americans with Disabilities Act compliance and California’s constitutional privacy protections;
• Pre-employment protocols, structured to meet current legal standards;
• Employment agreement, including protection of confidential company data;
• Alternative dispute resolution agreement, reflecting current arbitration requirements;
• Meal and rest period acknowledgments, confirming employer provision of required breaks;
• Termination paperwork, including new separation checklist and updated sample severance release agreement (to be applied as appropriate for full transition and greater protection against later, preventable suits); and
• Paid sick leave sample policies.

All 2026 forms orders also include sample hiring checklists, providing practical guidance to help ensure consistent, documented compliance throughout the onboarding process.

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‍2026 Model Employee Handbook (80+ Pages) includes:

• Employment conditions, including mutual “at will” termination rights;
• Discrimination and harassment prevention and complaint procedures;
• Employee compensation and benefits;
• Performance expectations;
• Limits of employee privacy, including valid management access to employee-maintained databases and social media guidelines;
• Paid and unpaid leaves;
• Workplace health and safety;
• Job-related injury or illness; and
• Drug and alcohol policy, including testing and violations procedures and standards.

Client Feedback:

“Tim’s office makes HR matters so much easier!  We just have to do what they tell us to do. We order their updated hiring forms and employee handbook each year and it keeps us protected simply with the correct up-to-date wording (since laws are always changing) that we would otherwise not know about.  Just the hiring forms alone have saved us thousands of dollars in one lawsuit.  We also take part in their yearly HR seminar, which keeps us up-to-date on new laws and key points to follow to keep us protected.  I HIGHLY recommend any employer to connect with Tim and his team – especially in these current times!” – LO

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CONTACT US TO ORDER NOWTo order or for more information, contact Office Manager Aimee Rosalesat 626.583.6600 or email her at officemgr@tbowleslaw.com

May 27, 2026

California’s periodic heat waves began early this year, prompting Cal/OSHA press releases starting in March.  See Releases 2026-24 (“Very Hot Wednesday – Saturday”) and 2026-25 (“Dangerous Heat Wave This Week”). There have been more since, likely to accelerate with Memorial Day approaching.

Heat illnesses range from mild to deadly, with mild to severe heat rash and heat cramps the less extreme reactions.  The two most serious are: heat stroke (e.g., red, hot dry skin, high body temperature, muscle twitching, confusion, fainting, convulsions, unconsciousness); and heat exhaustion (e.g., dizziness, headache, sweaty skin, fast heartbeat, nausea, vomiting, weakness, and/or cramps).

Employers with outdoor workers must have an effective written heat illness prevention plan, following Cal/OSHA’s six protective measures:

• Observe - Closely observe all employees during a heat wave, especially those newly assigned to a high heat area, and provide lighter work, frequent breaks or shorter hours to help acclimate.
• Train - Train all employees and supervisors on heat illness prevention.
• Water - Provide free, cool, fresh, pure drinking water so each worker can drink at least one quart per hour and encourage workers to do so.
• Rest – Encourage all needed cool-down rests in the shade for at least five minutes to avoid overheating.
• Shade - Provide proper shade when temperatures exceed 80 degrees and permit workers to cool off in the shade at any time upon request.

Certain industries have additional high-heat requirements: agriculture, construction, landscaping, oil and gas extraction, and transportation of agricultural products, construction materials or other heavy materials.

Cal/OSHA’s Consultation Services Branch has a help line at 800-963-9424 for workplace health and safety questions.

Take-Aways:

Employers must take heat illness prevention obligations seriously, ensuring they provide such protections to all working in high heat conditions, outdoors and indoors.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• It's Hot Again: Ramp Up Heat Illness Prevention Measures (July 3, 2025)
• In the Hot Seat: Employer Pays Big for Ignoring Extreme Conditions (January 10, 2025)
• Chill Skill: California's New Indoor Heat Rules (August 2, 2024)

Helena Kobrin

May 14, 2026

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Honesty and integrity being mainstays of the legal profession – and most, but not necessarily all, others – AI has empowered some not-so-kosher members of the bar to new lows of disrepute. For example:

In Mata v. Avianca, a 2023 case, plaintiff’s counsel filed papers citing cases with plausible names, reporter citations, judges, procedural histories, and quotations. When the opposition could not locate the cases, the lawyers went all in, submitting supposed copies and excerpts of the “opinions”—also generated by ChatGPT.  The judge imposed sanctions on the individual lawyers and their firm, including a $5,000 penalty and notice to the judges whose names had been falsely attached to fabricated opinions.

In Benjamin v. Costco Wholesale Corp. (2025), another lawyer turned late-night to an AI tool to write a reply that contained five fake cases. She later admitted she had not read or cite-checked the authorities and had only skimmed the AI-generated work. “A client expects that her attorney will vigorously pursue her case and make persuasive arguments on her behalf to the court. And she expects that the lawyer will perform the work in an efficient manner. Likewise, courts expect submissions from attorneys to be accurate. They similarly anticipate counsel will identify the appropriate authority supporting a legal position presented to the court. None of that happened here.” Result: $1,000 monetary sanctions.

In ByoPlanet International, LLC v. Johansson (2025) an attorney repeatedly used ChatGPT-generated material across multiple related federal and state cases. The filings included hallucinated cases and fake quotations from real ones.

The judge observed: “During a bygone era when dinosaurs roamed the earth and the undersigned was in law school (1998), to research cases a student often had to hold a volume of a legal reporter in one's hands. To ensure that all cases cited were good law, students and attorneys employed services like Shepard's Citations. But even in that dark, pre-modern age, stars rose in the distance; online legal sources, such as Westlaw and LexisNexis, came forth to aid lawyers in performing legal research…

“Now, another star rises—AI—with the potential to revolutionize the legal field (and much else) once again. From Altman to Zuckerberg, we are told that AI has the potential to perform hours of legal research on nearly any topic in seconds. Large language models like ChatGPT offer the promise to employ AI to perform legal research and even draft legal filings, such as briefs and complaints.

“However, AI is not yet a match for an actual litigator. Employing the euphemism-du-jour, AI regularly ‘hallucinates’ entire cases and ‘hallucinates’ quotations from real cases.”

The judge thus dismissed several of that lawyer’s cases, ordered him to pay the opposing party’s attorney fees and referred the offender to the state bar for discipline.

Take-Away:

While these instances involve lawyers, the cautions of course also apply to business owners, managers, human resources directors and responsible professionals across the boards.  On employment issues, management should not rely on AI-generated directives.  There is no substitute for experienced competent legal counsel.

See also:

• Retaliation Red Flags - ‍Best Practices to Prevent Claims (April 17, 2026)
• Establishment 101: Workplace Policy Handbook & Forms for 2026 (March 26, 2026)
• Know the Boundaries – Mandatory Sexual Harassment Prevention Training (December 19, 2025)

Tim Bowles

May 8, 2026

California private employers should confirm whether they must file 2025 pay data reports with the California Civil Rights Department (CRD), due May 13, 2026. Covered employers submit these through the CRD’s Pay Data Portal. The program aims to identify and deter pay disparities based on sex, race, and ethnicity.

Private employers with 100 or more payroll employees must file a payroll employee report. Those with 100 or more labor contractor workers must file a separate labor contractor employee report. Reports must include employees based in California or assigned to a California establishment.

Employers must report workforce data by establishment, job category, race, ethnicity, sex, pay band, hours worked, median and mean hourly rate, and NAICS code, using a workforce snapshot from a pay period between October 1 and December 31, 2025. The CRD indicates this year’s pay data reports must also include employees’ overtime pay exemption status, employment type, and weeks worked during the reporting year.

If an employer fails to file, the CRD may seek a compliance order and recover costs. Courts may impose civil penalties of up to $100 per employee for a first violation and up to $200 per employee for subsequent violations. Labor contractors may share penalties for failing to provide required pay data.

Take-Aways:

Covered California employers must verify filing obligations, gather data promptly, and submit pay data reports by May 13, 2026. The process promotes pay equity and reduces penalty risk.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Employer Pay Data Reports - State Website a Valuable Aid for Making the May 13, 2026 Deadline (February 13, 2026)
• Retaliation Red Flags - ‍Best Practices to Prevent Claims (April 17, 2026)
• Establishment 101: Workplace Policy Handbook & Forms for 2026 (March 26, 2026)

Cindy Bamforth

May 7, 2026