On March 21, 2023, Virginia’s governor approved Senate Bill 1040, which prohibits an employer from using an employee’s social security number or any derivative as an employee’s identification number. The bill also prohibits...more
When it began in 1996, the E-Verify program initially was available in only five states. Currently, more than 520,000 employers nationwide use the program, with almost 44,000 of those being federal contractors. Because...more
In McFarlane v. Altice USA, Inc., a recent decision out of the Southern District of New York, a class of plaintiffs successfully established standing and stated a plausible claim for breach of implied contract based on a data...more
During the early months of the pandemic, the Social Security Administration (SSA) took a break from issuing “no-match” letters to employers. It appears that towards the end of 2020, however, the SSA has resumed this practice....more
In final regulations set to take effect for 2020 Forms W-2, the IRS gives employers the option of using truncated Social Security numbers (SSNs) on employee Forms W-2 issued after December 31, 2020. The new rules are an...more
The Social Security Administration (SSA) has drastically increased its issuance of Employer Correction Request (EDCOR) Notices, or “no-match” letters. No-match letters are sent when the SSA discovers a mismatch between...more
In the spring of 2019, the Social Security Administration (SSA) renewed its practice of sending employment eligibility correction request notices (known as “no-match letters”) to employers. The SSA had discontinued the...more
Given an increase in federal investigations, employers in industries paying hourly wages should prepare now for I-9 audits and investigations to ensure compliance with federal immigration laws. Recent raids on seven...more
The Social Security Administration (SSA) resumed sending Employer Correction Request Notices, more commonly referred to as “No-Match Letters”, to employers in the Spring of 2019, following a seven-year period with no issuance...more
Employers must understand what they can and cannot do now that the Social Security Administration (SSA) is once again issuing Social Security “no-match” letters. Employers are more likely to receive such notices than at any...more
If your business is one of the 570,000 issued a No-Match Letter from the Social Security Administration so far this year, you may have experienced a moment of panic....more
Employers should understand how to handle I-9 inspections by Immigration and Customs Enforcement (ICE) and proactively prepare for possible enforcement actions to avoid penalties and prosecution. While the uptick of ICE’s...more
Consulates Now Requesting Social Media Information From Visa Applicants A new State Department policy requires all U.S. visa applicants to submit information about social media accounts (such as Facebook, Twitter or...more
After a break of several years, employers are again receiving “no-match” letters from the Social Security Administration. The purpose of the letters, now formally called Employer Correction Requests, is to inform employers...more
Under the Immigration Reform and Control Act (IRCA), employers must verify the identity and employment authorization of each person hired after November 6, 1986. This verification process is documented by completing and...more
In March 2019, the Social Security Administration resumed issuance of Employer Correction Request Notices, commonly referred to as “Social Security No-Match Letters.” The No-Match Letters are being sent to businesses...more
A large portion of the data breaches that occur each year involve human resource related information. Bryan Cave has put together a multi-part series to help human resource managers understand, prepare for, and react to, a...more
Employers who downloaded the current Form I-9 and completed it electronically between November 14 and November 17, 2016 should check completed Forms I-9 for Social Security number glitch. Employers should be using Form...more
On April 17, 2017, USCIS alerted stakeholders concerning a glitch on the Form I-9. The glitch specifically relates to any Form I-9 downloaded between November 14, 2016 and November 17, 2016 and the employee’s Social...more
USCIS is reminding employers that if they are continuing to use a Form I-9 (“Smart Form”) that was downloaded between November 14 (when the form first became available) and November 17, 2016, they should download, save, and...more
In 2005 Michigan became the first state to pass a statute requiring employers to create an internal privacy policy that governs their ability to disclose some forms of highly sensitive information about their employees....more
A federal court in California recently ruled that a job applicant’s admission that he used a false Social Security Number (SSN) cannot be the basis for disqualifying him from employment on good moral character grounds. The...more
It is not a matter of "if" but "when" an employer will be required to notify employees of a security breach. Forty-seven states require employers to notify employees when defined categories of personal information, including...more
As more and more workers acquire temporary legal status in the U.S. and receive new work authorization, employers will be faced with the following common scenario. An employee has recently legalized their status and...more
Can you refuse to hire an authorized worker – even a U.S. citizen – because once upon a time he used a false Social Security number? In Guerrero v. California Department of Corrections & Rehabilitation, No. C 13-05671 WHA...more