Oct. 29 2008

DHS Issues Supplemental Final Rule on Responding to No-Match Letters

Topics: New Laws & Legislation

Last week, the Department of Homeland Security issued a Supplemental Final Rule regarding the procedures employers should follow in responding to "no-match" letters from the Social Security Administration. Employers may recall that last year a federal judge in the Northern District of California enjoined implementation of the DHS' no-match rule. This Supplemental Final Rule was crafted in response to the injunction in an effort to address the court's concerns. The Supplemental Final Rule provides explanation and background for the DHS' no-match rule, but does not substantively change the procedures previously proposed by the DHS for responding to no-match letters. The DHS has stated that "in the coming days" it will be appearing before the Northern District of California to request that the injunction be lifted so that implementation of the rule may proceed. To read the DHS press release regarding the Supplemental Final Rule, click here. To read our past blog entry explaining the no-match rule, see our August 15, 2007 entry under New Laws and Legislation.

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About the Editor

Robin Largent represents employers, including major food and retail companies, in all types of employment litigation: wrongful termination, retaliation, breach of contract, wage and hour (California Labor Code) and unfair competition. She also regularly counsels and advises California employers on issues of compliance with California and federal employment laws.
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