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Temporary Delay in No-Match Letter Regulations
As set out in a prior Dunn Carney E-Newsletter, the Department of Homeland Security (DHS) has issued a final regulation requiring employers to take certain actions with respect to employment eligibility upon receipt of a Social Security “no-match” letter. The Social Security Administration was set to send out no-match letters on September 14, 2007, accompanied by notices from the Department of Homeland Security outlining strict new requirements for employers to resolve any discrepancies within 90 days, or be subject to fines or criminal prosecution.
As a result of a lawsuit brought by the AFL-CIO, challenging the legality of the new DHS regulations, a U.S. District Judge has granted a temporary restraining order prohibiting the no-match letters from going out as planned. The judge’s ruling also temporarily prohibits the government from enforcing the new rules, which were scheduled to take effect September 14, 2007.
Employers should not necessarily have a false sense of security from this ruling, as the government intends to vigorously defend its position, and the new regulations will likely go into effect in the near future. We encourage employers to continue to implement policies and practices with respect to employment eligibility, including how to handle the receipt of no-match letters. If you have any questions or would like more information please contact Kelly Martin of Dunn Carney’s employment law practice group.
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Closely Held
Business Team
The Closely Held Business Team - Dunn Carney is dedicated to assisting business owners in navigating through the opportunities and challenges the law presents to advance each owner’s success in business. They understand the multifaceted issues business owners face each day and the need for responsive and proactive legal counsel.
Team members include:
Randy Duncan, Team leader
Bob Allen
John Barhoum
Merrill Baumann
David Buono
Brian Cable
Jack Cooper
Ken Davis
Tim Hering
Frank Hilton
Elizabeth Howard
Scott Jonsson
Robert Kerr
JoDee Keegan
Kelly Martin
David Rossmiller
Kyle Stinchfield
Dan Vidas
Matt Wilmot
Bob Winger
David Zehntbauer
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