Employment Law News: Injunction Leads To “No-Match” Regulations Being Revised
Saying it is going to revise the original proposal, the Department of Homeland Security (DHS) has obtained a stay of a lawsuit against it challenging regulations dealing with the Social Security “no-match” letter.
“No-match” letters are letters employers receive from the Social Security Administration indicating the name and Social Security number submitted for an employee do not match the agency’s records. In October, a federal court issued an injunction against DHS regulations that set forth specific steps employers who received such a letter would have to take within specified timeframes to ensure the letter did not become evidence the employer had constructive knowledge an employee was not authorized to work in the United States.
In requesting the stay, DHS said it “intends to conduct additional rulemaking proceedings to address the issues” raised when the court granted the injunction. DHS said it anticipates those proceedings will be completed by March 2008.
Background on the no-match regulations can be found in an article in our publications section or this news article, both written by DEHS lawyer Tim Gebhart.