Federal Government Issues Final Rule Requiring Federal Contractors To Use E-Verify System

On November 13, 2008, the federal government issued a final rule that requires all federal contractors, as a condition of any future federal contract, to use the government's controversial Internet-based electronic employment eligibility verification system ("E-Verify") to verify the employment eligibility of their workers. The rule was issued just five months after a similar proposed rule was published that elicited more than 1,600 public comments. The rule marks the first time the federal government has required private employers to use E-Verify to verify the eligibility of its workers, which until now had been made available to employers on a voluntary basis. The final rule takes effect on January 15, 2009, so employers may want to begin preparing now for the challenges posed by E-Verify.