Federal Contractor E-Verify Mandate Rule Further Delayed

Apr 17, 2009

Alexandria, Va. - Facing an impending deadline to respond to SHRM’s lawsuit challenging the legality of a new rule that would require all federal contractors to use the federal government’s E-Verify employment eligibility system, the government has once again delayed the rule’s effective date. A notice delaying the rule until June 30, 2009 is expected to be published in Friday’s Federal Register.

Earlier, SHRM, the U.S. Chamber of Commerce, Associated Builders and Contractors, HR Policy Association, and the American Council on International Personnel, as part of an ongoing joint lawsuit, reached an agreement with the government to extend the effective date of the rule until May 21, 2009.

The government is required to provide a status report next week to the court hearing SHRM’s lawsuit. Prior to filing its status report, however, the government has extended the rule’s applicability date “to permit the new Administration an adequate opportunity to review the rule.”

Any delay of the rule allows more time for the government to re-evaluate its position and consider SHRM’s concerns that the rule exceeds the government’s authority by mandating use of the E-Verify program which was designed as a voluntary pilot project and by mandating the re-verification of existing federal contract employees, currently not allowed.

To read SHRM’s legal complaint, click here.


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