loader
Page is loading...
Print Logo Logo
generic_insight_detail

Does Enrolling In E-Verify Violate Labor Law?


Many employers utilize E-Verify in an effort to ensure compliance with pertinent immigration laws. This web-based system run by the Department of Homeland Security enables companies to verify eligibility of their workers to be employed in the U.S. But does an employer’s decision to enroll in E-Verify violate the National Labor Relations Act (NLRA)? According to a new National Labor Relations Board (NLRB) decision, in some circumstances, it may. On August 27, the board issued its ruling in Ruprecht Co., 366 NLRB No. 179 (2018). In that case, the company was alleged to have violated the NLRA when it enrolled in E-Verify without first notifying and bargaining with the union who represented its employees over its decision to enroll in the program. Under the NLRA, unionized companies generally have a duty to bargain with a union before taking action that directly impacts the union employees’ terms and conditions of employment. The NLRB found in this case that an employer’s use of E-Verify does affect terms and conditions of employment, so the company violated the NLRA when it failed to bargain with the union over its decision to enroll in the E-Verify program. As a remedy, the board ruled the company must withdraw from the E-Verify program to the extent the union requested it do so. Accordingly, this case serves as another important reminder to companies with unionized workforces that they may have to honor certain bargaining obligations before taking unilateral action on issues affecting their employees’ employment. Failing to do so can result in the NLRB upending the company’s decision at a later date.


RELATED ARTICLES

Redux: The PRO Act is Back in Congress

March 15, 2023 | Labor Relations, Federal Laws and Legislation, National Labor Relations Board

On the Hunt: NLRB’s Top Lawyer Seeks Out Cases to Upend Precedent

March 6, 2023 | Labor Relations, National Labor Relations Board

Labor Law Recap: 2022 Was The ‘Year of the Strike’

January 10, 2023 | Labor Relations, Strikes and Picketing

Labor Law Changes To Be Aware Of In The New Year

January 3, 2023 | Labor Relations, National Labor Relations Board

Prices Keep Rising: Labor Board Significantly Expands Remedies Available To Employees

December 14, 2022 | Labor Relations, National Labor Relations Board

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
Labor Law
NLRA
NLRB
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.