In Lozano v. City of Hazelton, the Third Circuit Court of Appeals ruled that the Hazelton, Pennsylvania ordinances regarding illegal aliens were unconstitutional. The ordinances, which had been enjoined by a federal court before taking effect, were designed to keep illegal aliens out of the town by penalizing employers who employed them and landlords who rented to them. The court found that the ordinance conflicted with federal immigration laws and therefore violated the Supremacy Clause. The ordinances operated in part through the sanction of suspending the business license of any person or entity who hired a worker not authorized to work in the U.S. Continue reading
As 2009 winds down, it’s a good time to reflect on the most important employment law developments in what has been a very busy year. Here are my top 10:
Yesterday, September 8, 2009, was the official start date for the mandatory E-Verify program for federal contractors and subcontractors. The U.S. Citizenship and Immigration Services has just created and published a Supplemental Guide for Federal Contractors to explain the new requirements. Continue reading
The start date for the mandatory E-Verify program for federal contractors and subcontractors is now set for September 8, 2009. Further postponements are not expected. The U.S. Citizenship and Immigration Services has posted a Frequently Asked Questions page to help contractors understand the new requirements, and I highly recommend that all employers with federal contracts or subcontracts read it. All employers are permitted to participate in E-Verify, but federal contractors and subcontractors who do not comply risk debarment (loss of their ability to obtain federal contracts and subcontracts).
Mandatory use of E-Verify has been on the agenda for several months. Today in my inbox I found a message from the Society for Human Resource Management (SHRM), saying that SHRM, the U.S. Chamber of Commerce, Associated Builders and Contractors, the HR Policy Associate, and the American Council on International Personnel had filed suit in December in the United States District Court for the District of Maryland to stop the OFCCP from requiring federal contractors and subcontractors from using E-Verify. Continue reading
The E-Verify program took center stage when federal contractors were mandated to use the system in June. The mandatory E-Verify took many federal contractors by surprise and put other employers on high alert. The federal government issued a proposed rule on June 12, 2008, and solicited public comments. About 1,600 comments were submitted. Continue reading