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
Category Archives: E-Verify
Top 10 Employment Law Developments of 2009
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:
USCIS Publishes E-Verify Supplemental Handbook For Federal Contractors
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
Mandatory E-Verify For Federal Contractors About To Begin
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).
Related Posts:
OFCCP Delays the Start Date for Mandatory E-Verify Yet Again
News on E-Verify for Federal Contractors
Federal Contractor E-Verify Rule Is Final!
Attention Government Contractors!! You Are Being Ordered to Use E-Verify!
OFCCP Delays the Start Date for Mandatory E-Verify Yet Again
Responding to a lawsuit, the OFCCP previously agreed to delay implementation of the new mandate that federal contractors use E-Verify. The lawsuit, as you may recall from previous posts, was filed by the Society for Human Resource Management (SHRM), and other organizations. Continue reading
News on E-Verify for Federal Contractors
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
Federal Contractor E-Verify Rule Is Final!
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
DOJ: How to Prevent Discrimination Arising from the Use of E-Verify
From the U.S. Department of Justice (DOJ), comes a new published Guidance relating to the use of E-Verify. The recent, though short-lived excitement over the use of E-Verify for employment verification has now quieted down. Private-sector employees are back to the voluntary use of the system as a method for confirming that newly hired employees are authorized to work in the country. Continue reading
GAO Says Universal Mandatory E-Verify Will Be A Challenge
E-Verify is now mandatory for all federal contractors. Pursuant to the executive order issued yesterday, federal contractors must use the E-Verify program to confirm the work eligibility of all employees currently working on a government contract, as well as all newly hired employees whether they are working on a government contract project or not. The Executive Branch says that the E-Verify system will be able to handle this increasing demand. Continue reading
Attention Government Contractors!! You Are Being Ordered to Use E-Verify!
Federal contractors are now required to use E-Verify, an Internet-based system operated by the Department of Homeland Security (DHS) & the Social Security Administration (SSA) that allows employers to electronically verify the employment eligibility of their newly hired employees. E-Verify is a free and, until last week, voluntary way to determine the employment eligibility of new hires and the validity of their Social Security Numbers. Continue reading