Legal limbo or law of the land? The ‘new’ no-match rule from DHS — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Legal limbo or law of the land? The ‘new’ no-match rule from DHS

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By Patrick McGovern, Esq., and Kristina Chubenko, Esq.

In 2007, a U.S. District Court judge in California had enjoined the U.S. Department of Homeland Security (DHS) from enforcing new rules that changed the language of the no-match letters issued by the Social Security Administration (SSA) and the requirements for how employers must respond to the letters.

Critics of the rule, originally issued in August 2007, noted that the system of generating no-match letters regularly flags thousands of legitimate workers every year.

U.S. District Court Judge Charles Breyer agreed, writing that implementation of the rules would likely “result in the termination of employment to lawfully employed workers.” He also noted that the rules would burden employers with high employment-eligibility verification costs. (AFL-CIO et al. v. Chertoff et al., N.D. Cal., 07-CV-4472 CRB, 2007)

There have been developments in the past few mon...(register to read more)

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