E-Verify Federal Contractor Rule Delayed...Again

Thursday, 07 May 2009 06:52

Immigration

The effective date of the final rule requiring certain federal contractors and sub-contractors to use E-Verify has been delayed for a third time since it was issued in November 2008.

 The new date is June 30, 2009.  The rule, originally started as an executive order signed by President Bush in June 2008, was to begin on January 15, 2009.  However, the rule was delayed until February 20, 2009, following a lawsuit filed by the Chamber of Commerce and other coalition of business groups against the government challenging the rule.  A second postponement was given until May 21, 2009, for the Obama camp to view the modified rule which was then extended again until June 30, 2009, to provide more time for the Obama camp to review the rule.

COUNSEL TO MANAGEMENT:
Federal contractors may not use E-Verify to verify current employees until the rule becomes effective.  Accordingly, the rule will only affect federal contractors who are awarded a new contract after June 30, 2009.  We will keep you updated as the June 30th date comes closer and as any further delays may occur.

The goal of this article is to provide employers with current labor and employment law information. The contents should not be interpreted or construed as legal advice or opinion. For individual responses to questions or concerns regarding any given situation, the reader should consult with The Saqui Law Group at (831) 443-7100 in Salinas