News & Analysis as of

Employer Liability Issues Social Security Numbers

Jackson Lewis P.C.

Virginia Passes Legislation Prohibiting the Use of Employees’ Social Security Numbers as Identifiers

Jackson Lewis P.C. on

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

Holland & Hart - Employers' Lawyers

What Employers Should Know About Using E-Verify

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

Sherman & Howard L.L.C.

Routine Collection Of Employee Private Information May Open The Door To Costly Litigation If A Data Breach Occurs

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

Littler

After Brief COVID-Related Hiatus, Employers Face Return of Social Security Administration “No-Match” Letters

Littler on

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

Morgan Lewis - ML Benefits

IRS Authorizes Employers to Use Truncated Social Security Numbers on Employee W-2s in 2021

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

Cozen O'Connor

SSA No-Match Letters and Employer Obligations

Cozen O'Connor on

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

Littler

Scared to Check the Mail? Employers Face the Return of No-Match Letters

Littler on

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

Holland & Hart - Employers' Lawyers

Federal Immigration Investigations Increase Dramatically

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

Burr & Forman

SSA No-Match Letters – What You Need to Know

Burr & Forman on

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

Schwabe, Williamson & Wyatt PC

Social Security Administration Resumes Issuing “No-Match” Letters

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

Davis Wright Tremaine LLP

What to Do When Your Business Receives a No-Match Letter

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

Fox Rothschild LLP

Don’t Freeze Up: Know What to Do When ICE Comes Knocking

Fox Rothschild LLP on

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

Kramer Levin Naftalis & Frankel LLP

Important Recent Developments in Business Immigration Law

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

Constangy, Brooks, Smith & Prophete, LLP

Social Security No-Match Letters Are Back And Should Not Be Ignored

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

Dorsey & Whitney LLP

Balancing Employer Obligations to Verify Employee Information

Dorsey & Whitney LLP on

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

Fox Rothschild LLP

Social Security No-Match Letters Are Back

Fox Rothschild LLP on

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

BCLP

How Employers Can Become Experts at Data Breaches: Tax and W2 Breaches

BCLP on

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

Clark Hill PLC

I-9 Alert: USCIS Reveals Social Security Number Glitch in Early Days of New Form's Release

Clark Hill PLC on

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

Fox Rothschild LLP

Form I-9 Alert!: Social Security Number Glitch

Fox Rothschild LLP on

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

Jackson Lewis P.C.

Reminder: Glitch in Form I-9 in November 2016

Jackson Lewis P.C. on

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

BCLP

Employer Privacy Policies: A How-To Guide

BCLP on

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

Fisher Phillips

SSN Mistake Leads To Million Dollar Verdict - How Can You Avoid A Similar Fate?

Fisher Phillips on

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

Littler

Recent Amendments to Security Breach Notification Laws Further Complicate Breach Notification for Employers

Littler on

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

Sheppard Mullin Richter & Hampton LLP

New I-9 Issues Facing Employers with Recently Legalized Employees

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

Sherman & Howard L.L.C.

Is Use of False SSN Dishonest?

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

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