"No Match" Update
In our September 2007 E-Alert, we informed you of the new HR buzz phrase "No Match" where employers are informed by the Social Security Administration (SSA) or the Department of Homeland Security (DHS) that the name and social security number (SSN) offered by an existing employee or applicant does not match the information on file with those agencies.
We further advised that not all were happy with the amended regulations. At the end of August, a federal court in California issued a temporary restraining order in a lawsuit brought by the AFL-CIO against the implementation of the amended regulation. On November 23, 2007, the attorneys for the Department of Justice filed a Motion to Stay Proceedings Pending New Rulemaking. "DHS intends to conduct additional rulemaking proceedings to address the issues raised by the Court. This will include preparing a Regulatory Flexibility Act analysis. Defendants hope and anticipate that the amended rule will fully address the Court's concerns."
A hearing on this Motion was held in December 2007. Currently a Status Conference is set for June 20, 2008. Stayed tuned for further developments.
The Department of Homeland Security published a Supplemental Proposed Rule in the Federal Register on March 26, 2008 regarding Safe-Harbor procedures. Comments are being accepted until April 25, 2008.
BOTTOM LINE:
Continue to use the SSN Verification Service to verify social security numbers (www.socialsecurity.gov/employer/ssnv.htm or 800-772-6270); Contact counsel if you receive a "No Match" letter to discuss prompt steps toward compliance; and Continue to watch legal developments regarding "No Match."
Skarlatos & Zonarich LLP is a full-service law firm with highly skilled professionals dedicated to providing clients with sound advice and aggressive advocacy. For more information, visit skarlatoszonarich.com.
