Tuesday, September 4, 2007
Federal Judge blocks No-Match Rules
The San Francisco Chronicle is reporting that a U.S. District Court Judge Maxine Chesney has issued a nationwide Temporary Restraining Order blocking, at least until October 1, the Department of Homeland Security's recently enacted rules that require employers to terminate undocumented workers. I've previously detailed the new regulations, which specify the steps employers should take upon receipt of a no-match letter from the Social Security Administration. The judge has indicated that to save the regulations the government will have to present evidence showing a connection between a no-match letter and "a reasonable inference that the person is here illegally." The AFL-CIO, which brought the lawsuit, has argued that past experience with no-match letters shows that they are often sent mistakenly because of clerical errors and legal name changes. This issue is one in which employers might be served aligning themselves with labor unions. If the regulations are ultimately struck down, employers will receive a reprieve from the onerous task of re-verifying the employment status of innumerable employees.
Written by Jon Hyman, a partner in the Labor & Employment group of Meyers Roman Friedberg & Lewis. For more information, contact Jon at (216) 831-0042, ext. 140 or firstname.lastname@example.org.