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The U.S. Department of Homeland Security (DHS) in March published for comment revised regulations that effectively mandate how employers must respond to Social Security Administration (SSA) “no-match” letters. SSA issues such letters when W-2 forms do not match its records.

The National Roofing Contractors Association (NRCA) told its members that the revised rule is not much different from the previous version. The NRCA plans to submit comments to DHS.

NRCA in 2006 urged DHS to withdraw its proposal while Congress tried to pass comprehensive immigration reform. DHS withheld final regulations until the legislation collapsed in the first session of this Congress. Following that, DHS issued regulations, which could pressure employers to terminate potentially illegal immigrant employees within 90 days of receiving a no-match letter. However, those regulations never took effect, since the U.S. District Court for the Northern District of California sided with NRCA and other litigants and issued an injunction barring implementation of the regulations.

In an attempt to satisfy one of the issues raised by the judge — that the regulations would place a financial hardship on small businesses — DHS added an economic analysis in the revised regulations as required by the Regulatory Flexibility Act (RFA). However, NRCA says, it does not include the cost of firing and replacing workers who lack legal documentation in sync with the SSA database. Also, the economic analysis is the only new component in a virtually identical rule to that which was issued Aug. 15, 2007.

The Workplace

ABC Supply Wins Satisfaction Award

For the second consecutive year, ABC Supply Co. Inc., Beloit, Wis., has been honored with a Gallup Great Workplace Award. The company is one of 20 worldwide to receive the 2008 award.