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Department of Homeland Security Explains, But Does Not Revise, Final Rule on Social Security No-Match Letters And Notices of Suspect Documents The Department of Homeland Security ("DHS") recently published its supplemental proposed rule regarding how employers should respond to social security no-match letters and notices of suspect documents. The supplemental proposed rule did not change any part of the Final Rule issued by the DHS on August 15, 2007 (see Schiff Hardin Labor and Employment Update, August 17, 2007), but instead clarified the Final Rule's intentions. The DHS issued this clarification in response to the U.S. District Court for the Northern District of California's issuance of a temporary restraining order on August 30, 2007, against the Social Security Administration ("SSA") restraining the SSA from sending out its social security no-match letters (see Schiff Hardin Labor and Employment Update, September 7, 2007). Supreme Court Sheds Light On What Constitutes A "Charge" Under The ADEA The United States Supreme Court recently addressed what constitutes a "charge" for purposes of satisfying the administrative requirements of the Age Discrimination in Employment Act ("ADEA") and its regulatory scheme. In Federal Express Corp. v. Holowecki, a complainant completed the United States Equal Employment Opportunity Commission ("EEOC") Intake Questionnaire, and attached to the Questionnaire a signed six-page affidavit describing her employer's alleged discriminatory employment practices. She did not complete an EEOC charge form, however, and as a result the EEOC did not assign a charge number to the submission, did not inform Federal Express that it had received it, and made no attempt at informal conciliation. Federal Express did not learn of the "charge" until four months later, after a class of employees filed an ADEA class action against it in the United States District Court for the Southern District of New York. Recent Alerts February 27, 2008 February 1, 2008 Schiff Hardin on the Road
Schiff Hardin Labor and Employment Group |
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