Club Management - January/February 2008 - (Page 42) External & Government Influences Legislative & Regulatory News for the Club Industry By Melissa Low Director, Industry Resources and Legislative Services, CMAA Judge Extends Injunction on “No Match” Regulations nited State District Judge Charles R. Breyer of San Francisco has extended a temporary injunction preventing the implementation of the socalled “No-Match Rule.” In this decision, the court considered whether the Department of Homeland Security (DHS), the U.S. Department of Immigration and Customs Enforcement and the Social Security Administration (SSA) have the authority to U enact such a regulation and whether this regulation is consistent with existing statutes. Judge Breyer stated in his 22-page ruling that, “There can be no doubt that the effects of the rule’s implementation will be severe.” He expressed concern over the accuracy of data in the SSA database that could lead to the termination of lawfully employed workers and have a serious disruption to the U.S. workforce. Breyer also noted that the government may have ignored the Regulatory Flexibility Act that requires the consideration of the cost of imposing new regulations that would significantly burden small business owners. The “No-Match Rule” was slated to go into effect on September 14. Under this measure, which was announced in early August by the DHS, any employer who receives a letter from the Social Security Administration indicating a non-matching Social Security number must take specific steps to resolve the discrepancy within 90 days. Initially, an employer has 30 days after receiving notification to verify that the inaccuracy was not the result of a recordkeeping error on its part. If it is not an administrative error, the employer must then request that the employee confirm the accuracy of the employment records and jointly resolve the discrepancy with the SSA. At the close of 90 days, if the employer and employee have been unable to resolve the issue, the employer must require the employee to complete a new I-9 form without the Social Security number. The employee must provide a document that contains a photograph in order to establish identity as well as employment authorization. An employer who continues to employ a worker whose authorization to work in the United States cannot be confirmed after the 90-day period will be subject to civil and criminal violations of immigration law. The full Federal Register notice is available online at http://a257.g.akamaitech.net/7/257/2422/ 01jan20071800/edocket.access.gpo.gov/2007/E7-16066.htm. Approximately 140,000 employers nationwide were slated to receive notification via mail regarding a Social Security number inconsistency affecting an estimated eight million workers. An earlier temporary stay prevented the SSA from mailing the letters until a hearing could be held on October 1. An appeal of this ruling is expected. Senate Passes H-2B Extension On October 16, the U.S. Senate approved a one-year extension of the H-2B visa returning worker exemption. Included 42 • CLUB MANAGEMENT http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-16066.htm http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-16066.htm
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