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Legislative Updates
SHRM Judicial Alert!!
SHRM Files Emergency Order in response to Court Ruling Federal
Contractors Must Use E-Verify Beginning September 8, 2009
On Wednesday, August 26, 2009, a U.S. District Court issued a long-
awaited decision in Chamber of Commerce of the United States of
America v. Napolitano; a case in which SHRM, along with the U.S.
Chamber of Commerce, American Council on International Personnel,
HR Policy Association, and Associated Builders and Contractors,
Inc., challenged the legality of a Bush Administration executive
order requiring that federal contractors use E-Verify to check the
employment eligibility of all newly hired employees, as well as all
current employees directly working on a contract.
In the lawsuit, SHRM and the other plaintiffs argued that Executive
Order 13464 and its implementing regulations was neither legally
justified nor practical for federal contractors to implement.
Unfortunately, the court discounted the plaintiffs. arguments
deciding the case in favor of the government and ruling that the
regulation should go forward.
A coalition of business groups, led by the U.S. Chamber of
Commerce, filed for an emergency court order on Friday, September
4, 2009, to prevent this rule from going into effect on September
8, 2009.
This deadline means that most federal contracts awarded, as well as
solicitations issued after September 8, 2009, must include a clause
mandating use of E-Verify for all employees hired during the
contract period and all existing employees assigned to perform work
under the contract. The United States Citizenship and Immigration
Services (USCIS) has published information and frequently asked
questions on its website regarding application of the rule.
In order to help prepare members for implementation of the rule,
SHRM has developed a webcast to discuss the new rule as well as
other employment verification developments, which will take place
on Thursday, September 10, 2009, from 2:00 p.m. - 3:30 p.m. (ET)
and be eligible for 1.5 Recertification Hours (Approved for
Strategic Management Credit).
This 90-minute webcast will review the actions announced by the
Department of Homeland Security and how to respond to them and look
ahead at the immigration legislative initiatives. By being
informed, you can help your organization prepare for changes in
this new immigration enforcement policy as well as play a role in
shaping such policy.
To register for this webcast click here or visit
http://www.shrm.org/multimedia/webcasts/Pages/legislativewebcast.aspx
For additional information visit the SHRM Website at
http://www.shrm.org.
Also be sure to write your legislative representatives at the state and
federal level via the HR Voice program. You can make a difference!
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