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.