June 6, 2009
June 6, 2009
Barran Liebman LLP
As of June 2, 2009, the federal government has issued yet another delay in the implementation of the new E-Verify requirement for federal contractors. The E-Verify requirement is now scheduled to become effective on September 8, 2009. The details of the new E-Verify requirement were discussed in two previous alerts, v.11-36 and v.12-1. To summarize, current law requires that all employers complete an Employment Eligibility Verification Form (Form I-9) for each newly hired employee.
(Don’t forget that you must now be using the revised Form I-9 as discussed in another recent alert, v.12-13.) The purpose of the Form I-9 is to verify the employee’s identity and employment eligibility. The new rule requires that federal contractors enter the employee’s identity and eligibility information into the E-Verify system, an internet-based employment eligibility database. E-Verify must be used for work on all federal contracts awarded after September 8, 2009, that call for a time of performance that exceeds 120 days and that have a value greater than $100,000. Contracts for commercially available items and subcontracts of less than $3,000 are exempt from the requirement.
The new requirement was initially scheduled to go into effect on January 15, 2009. This is the fourth delay of the implementation date. The delay results from a case brought by a coalition of business groups challenging the rule in federal court: Chamber of Commerce of the U.S. of Am. v. Napolitano, D. Md., No. 8:08-cv-03444-AW, in which the court granted a motion to postpone implementation.
We will keep you posted if additional delays are announced.
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