Legislation Update - September 2007

No-match crackdown. Department of Homeland Security finalized regulations that employers must follow when they receive “no-match” letters from the Social Security Administration. SSA routinely sends such letters to employers with employees whose Social Security numbers do not match government records. The new rule takes effect in September. Under the new rules, employers will be in violation of federal immigration laws if they ignore the letters and fail to take corrective steps within 90 days.

APHIS proposes higher export fees. USDA’s Animal and Plant Health Inspection Service is calling for a rate increase for export certification fees of plants and plant products. The user fees would be increased through fiscal year 2012. The proposed increases are the first in 10 years.

Gutierrez on immigration. U.S. Secretary of Commerce Carlos Gutierrez said that the failure to pass immigration legislation was due to grass-roots efforts by anti-immigrant groups. However, he said, “Small business -- all of you -- are the real grass roots of this country. You are the people who deserve a voice on this issue.” Gutierrez addressed the American Nursery & Landscape Association at its Legislative Conference in July.

IR-4 survey. Every year, USDA, through the IR-4 project, surveys the nursery industry to help determine priorities for research funding to help ensure new chemicals are available to address pest and disease problems. The survey is available at www.ir4.rutgers.edu/ornamental/Survey.

English-only gains. English-only workplaces garnered more support after the Senate Appropriations Committee passed legislation to “prevent the U.S. Equal Employment Opportunity Commission from bringing new lawsuits against companies that require that their employees speak English.” The EEOC specifies that business owners may develop an English (as the main language) policy because of a safety concern (in cases preventing an emergency situation), a “legitimate business justification” between co-workers and customers or for nondiscriminatory reasons. An English-only policy should not, however, be applied to employee work breaks.

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