Restraining Order on No-Match Rule Extended 10 Days
October 5, 2007
On Monday, California Federal District Court Judge Charles Beyer granted a 10-day extension to the temporary restraining order that bars the Department of Homeland Security from telling employers they could be liable for employees whose Social Security numbers do not match a government database. "It just seems to me, looking at this, this is an enormous potential burden on employers," the judge said, extending the order barring enforcement until he issues a final ruling. On September 11, 2007, United Fresh joined six other plaintiffs and filed a Motion to Intervene, challenging the regulations on several grounds, including violations of the Regulatory and Flexibility Act and of the Administrative Procedure Act. The temporary restraining order halted the Social Security Administration’s September 4 plan to send approximately 140,000 employers Social Security no-match letters regarding approximately 8.7 million employees. "This 10-day delay is important because it provides employers time to begin proactively reviewing I-9 compliance procedures," said Robert Guenther, senior vice president of public policy at United Fresh. "This is only a temporary injunction. United Fresh is encouraging its members to use this time to prepare no-match letter responses if and when appropriate." For more information about the Social Security no-match law and its possible implications for your business, visit the United Fresh Social Security No-Match Resource Center. For more information, please contact Robert Guenther, 202-303-3409.
United Fresh Produce Association
1901 Pennsylvania Ave. NW Suite 1100
Washington, DC 20006
Tel: 202 303 3400
Fax: 202 303 3433 united@unitedfresh.org