The Social Security Administrations no-match letter and the employees failure to meet a short deadline to resolve the discrepancy did not put the employer on constructive notice that it was employing undocumented workers, the Ninth Circuit held. See Aramark Facility Services v. SEIU, No. 06-56662, 2008 U.S. App. LEXIS 12704 (9th Cir. Jun. 16, 2008). Importantly, the events that gave rise to this case took place in 2003, prior to DHS promulgation of the new rule regarding no-match letters and the safe harbor procedures ("safe harbor regulations"), 72 Fed. Reg. 45611 (Aug. 15, 2007), and the proposed amendments to this rule, 73 Fed. Reg. 15944 (Mar. 26, 2008).
Read more about the case at http://www.ailf.org/lac/clearinghouse_otherissues.shtml#aflcio.