No-Match Letter Final Rule: A No-No Says Court

Baker Donelson
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A federal judge in California recently blocked the Department of Homeland Security ("DHS") from implementing the final rule regarding the much hyped no-match letter. DHS had intended its regulation pertaining to no-match letters to take effect on September 14, 2007. The regulation sets forth the legal obligations of employers when they receive so-called "no-match" letters from the government and describes safeharbor procedures that an employer may follow in response to receiving such a letter. The injunction imposes a nationwide ban on the regulation.

No-match letters refer to letters employers receive when the Social Security Administration ("SSA") discovers that its social security records do not match employer records on a particular employee.

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