Labor and Employment Alert

New Administration Further Postpones Mandatory E-Verify for Government Contractors until May 2009

January 29, 2009

Today the federal government agreed to further postpone implementation of the E-Verify requirement for federal contractors until May 21, 2009 at the earliest. E-Verify is an automated, largely voluntary, system of verifying employees’ identity and authorization to work through the databases of both the Social Security Administration and the Department of Homeland Security. This current postponement was triggered by a Chamber of Commerce lawsuit challenging the use of a presidential executive order and federal procurement law to make E-Verify a mandatory provision in most new federal contracts, and it also gives the Obama administration time to evaluate the imposition of such a requirement.