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LEGISLATIVE REPORT
Larry Bourgerie, SPHR
MN State Legislative Director

August 1 2008

Legislative Report Archive


As you know, over the past 18 months SHRM has been advocating in Congress for the creation of a new and improved employment verification system; one that would replace the current voluntary verification system known as "E-Verify."

On June 12, 2008, the U.S. General Services Administration (GSA) issued a proposed rule mandating the use of E-Verify by all government contractors and subcontractors. Under the proposal, Federal contractors would be required to verify all new and any existing employees assigned to work on such contracts using E-Verify.

GSA is accepting public comment on this proposal and SHRM will be submitting its comments next week. However, since this is a core focus of SHRM's Government Affairs program, we are asking our state councils and chapters to support us in opposing this rulemaking by filing comments on behalf your state council or chapter.

Action Needed

Please take a few minutes today to contact the GSA! The deadline for submitting comments is August 11, 2008. To submit a comment letter, please click HERE and carefully follow the instructions provided. There you will find a draft comment letter for your consideration.

Background

The current electronic verification system, known as the "Basic Pilot" or "E-Verify," was established by Congress as a voluntary pilot program. While electronic in nature, E-Verify still requires employers to analyze paper-based documentation and fill out the Form I-9. Although E-Verify can help identify instances when an employee's name doesn't match a Social Security number, the system cannot detect instances of identity fraud and has posted a 4.1 percent error rate (and an even greater error rate for work-authorized foreign nationals).

In recent months, Congress has been discussing various alternatives to the current workplace verification system including the SHRM-supported H.R. 5515, the New Employment Verification Act (NEVA). SHRM believes that the shortcomings of E-Verify must be addressed before the government mandates its use by any segment of the employer population.

LARRY BOURGERIE, SPHR MN STATE LEGISLATIVE DIRECTOR


Federal Legislative Alert

On Thursday, June 12, 2008, the US General Services Administration (GSA) issued a proposed rule mandating the use of E-Verify by all government contractors and subcontractors. Under the proposal, Federal contractors would be required to verify all new hires and any existing employees who are assigned to work on the contract.

GSA is accepting public comment on this proposal and SHRM will be submitting its comments next week. However, if your business currently works on a government contract or plans to bid on one in the near future, it is important that GSA hears directly from you. Likewise, organizations currently no performing Federal contracts should contact GSA to send a clear message that America's HR professionals deserve a better employment verification system than E-Verify.

Action Needed

Please take a few minutes today to contact the GSA today! The deadline for submitting comments is August 11, 2008. To submit a comment, please click HERE and carefully follow the instructions provided.

Background

Over the past eighteen months, SHRM has been advocating in Congress for the creation of an improvedemployment verification process - one that is secure, efficient and reliable in preventing the hiring of undocumented workers.

The current electronic verification system, known as the "Basic Pilot" or "E-Verify," was created by Congress as avoluntary pilot program. While electronic in nature, E-Verify still requires employers to analyze paper-based documentation and fill out the Form I-9. Although E-Verify can help identify instances when a employee's name doesn't match a Social Security number, the system currently has a 4.1 percent error rate. This error rate can yield inaccurate results for both U.S. citizen applicants and applicants lacking work authorization. In addition, E-Verify remains vulnerable to the growing problem of identity theft because it cannot verify an applicant~Rs identity. It can only verify that the documents the applicant provides match information contained in government databases.

In recent months, Congress has been discussing various alternatives to the current workplace verification system including the SHRM-supported H.R. 5515, the New Employment Verification Act (NEVA). SHRM believes that E-Verify must be greatly improved before the government mandates its use by any segment of the employer population.



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