For some time now, I’ve discussed a new federal contractor E-Verify rule that will require certain federal contractors and subcontractors to enroll in and use the E-Verify system. (You can view my prior posts here.)
The E-Verify system has been established to require these employers to check if employees have authorization to work in the United States. The starting date for such a system has been delayed on several occasions, including a lawsuit.
A federal court yesterday threw out the last remaining major obstacle to the rule’s implementation — a lawsuit by the U.S. Chamber of Commerce. (You can read the Court’s decision in Chamber of Commerce of the United States v. Napolitano here.)
Thus, the E-Verify Rule start date is now set for September 8, 2009.
The Employer Law Report has additional details:
In light of this ruling, organizations that enter into certain federal contracts beginning on September 8, 2009 will be subject to the E-Verify requirement to ensure that their employees have authorization to work in the United States. Affected federal contracts include prime contracts greater than $100,000 and subcontracts greater than $3,000 for services or construction. The contract will contain a clause confirming the E-Verify requirement. For existing, indefinite-delivery/indefinite quantity contracts, the federal contracting officer is to prepare an amended contract to include an E-Verify clause. Exceptions to the E-Verify requirement are federal prime contracts with performance terms of less than 120 days and contracts for commercially available off-the-shelf (COTS) items.