Legal Alert: E-Verify Rules delayed again – now May 21, 2009
Date: 01/27/2009
Contact: David Paxton - Partner
Phone: 540.983.9334
E-mail: david_paxton@gentrylocke.com
In late December, several business groups, including the U.S. Chamber of Commerce, filed a lawsuit that challenged the legality of new federal regulations, which would most require federal government contractors to begin using the E-Verify computer system to verify the work authorized and identity of workers on government projects. Earlier this month, as part of this lawsuit, the original effective date for these new regulations (January 15, 2009) was delayed to February 20.
On January 27, the parties to this lawsuit agreed to a further postponement of the implementation of the new E- Verify regulations. The new effective date is May 21, 2009. This new agreement is the result of the Obama Administration's decision to review all regulations that had been issued but had not yet become effective. At this point, there is no legal obligation for federal government contractors to use the E- Verify system when hiring employees. The system remains a voluntary one, and those companies who do enroll and use E-Verify may only use the system for newly hired employees, not existing employees.
We will keep you updated on any developments. If you have any questions, please contact David Paxton (540) 983.9334, or any members of our Labor & Employment Practice Group.
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