Federal E-Verify Rules Delayed Again
In June 2008, then President Bush signed an Executive Order requiring contractors to utilize the E-Verify system to ensure employees on federally funded projects are legally eligible to work in the United States. On November 14, 2008, the Federal Acquisitions Rule Council (FARC) issued a final rule mandating that contractors on federal projects utilize E-Verify in solicitations and contracts awarded after January 15, 2009. A lawsuit was filed challenging this rule and its implementation was delayed until February 20.
On February 5, 2008 the FARC further postponed the effective date of this bidding requirement. The rule will now apply to those contracts awarded after May 21, 2009.
Once implemented, the rule will require contractors to include the E-Verify requirement in subcontracts whose value is over $3,000 for services or construction. Companies that enter into contracts with this E-Verify obligation will be required (a) to enroll in the program within 30 days of the contract award and (b) utilize the system to ensure all new hires and employees are legally entitled to work in the United States.
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Attorney Spotlight
C. Michael Shull, III focuses his practice on construction law and litigation. Michael's client representations range from casinos and ENR Top 400 contractors to design firms and subcontractors.