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ARTICLE · 26 SEPTEMBER 2018

Thinking About E-Verify? Verify With The Union First!

Seyfarth Shaw LLP
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Seyfarth Synopsis: The E-Verify program has become a controversial topic in the political arena and throughout workplaces nationwide.

United StatesEmployment and HR

Seyfarth Synopsis: The E-Verify program has become a controversial topic in the political arena and throughout workplaces nationwide. Last month, the NLRB held, amongst other things, that an employer violated the NLRA by unilaterally enrolling in the E-Verify program without first bargaining with the union.

Immigration law has long been at the forefront of political discourse in the United States. One question that employers continue to grapple with is whether they should enroll in E-Verify — a U.S. Department of Homeland Security website that allows employers to determine whether employees are eligible to work in the United States. The NLRB's recent decision in The Ruprecht Company only complicates matters as it held than an employer committed an unfair labor practice when it failed to first bargain with its employees' union prior to enrolling in E-Verify.

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