Three months after the mismatch letters were sent out, Social Security finally responded to questions about an employers’ obligations when they receive a mismatch letter. Despite giving specific deadlines (60 days) in the letters to take action, the SSA is now saying they were meant to be educational in nature, and that “Social Security” will take no action if an employer does not go online to get the names and “wrong” numbers so they can verify whether numbers were transposed, etc.

What the SSA does not say is whether some other agency might take action for an employer’s inaction. ICE always asks employers when they are audited for I-9s whether they received mismatch letters, and if so, what action was taken While a Social Security card by itself does not establish one’s eligibility to work, it does help establish one’s identity. ICE could argue, and it has argued before, that an employer did not take reasonable steps in verifying information for an I-9 when it is filled or if it is later notified of issues with part of the documents.

This does not mean logging on to the SSA site to get the names and numbers was wrong or that it subjected the employer to an argument of being aware that an employee was not entitled to work. First, SSA already had the names and numbers of your employees that had mismatches. Second, as confirmed in the attached letter, the information and the fact of whether an employer logged in or not is not shared by SS with other agencies, including ICE. The benefit of logging in is that an employer is not left with reviewing every single employee name/SS# it has provided to the SSA for payrolls. Logging in allows the employer to simply review just the affected employees/SS’s.

The upshot is that SSA left everyone hanging for months, and put employers in the situation of trying to decide what to do, or not do. We do not gamble with our clients’ compliance with the law. We knew there was no harm in logging on based on the law and the terms of the letter itself. 

Article contributed by Barsamian & Moody

For more information regarding the social security mismatch update, please contact Jason Resnick at (949) 885-2253

Join Western Growers at the 94^th Western Growers Annual Meeting at the beautiful Wailea Beach Marriott Resort from November 10^th – 13^th, 2019.

We understand the challenges facing our members and the efforts that go into carrying family farming legacies into the next generation. We can overcome these obstacles by coming together, forming common bonds and uniting behind shared purposes. The Western Growers Annual Meeting provides the perfect forum to achieve that mission through the workshops offered.

AgSharks®

Western Growers presents AgSharks® — our groundbreaking collaborative forum to advance agricultural technologies for the fresh produce industry. Watch as cutting-edge startups pitch their technologies, venture capital fund veterans look for investment opportunities, and Western Growers members vie for the chance to test the new tech in their fields. Last year, the winning startup walked away with $250,000 (which led a $1.5 million seed funding round for the startup!); the year before, two companies received a combined $2.25 million dollars in investments. You can expect another exciting year, with new surprises as our AgSharks® evaluate startups and technology for real time investments opportunities.

Hawaiian Family Games

In the true spirit of Hawaiian tradition, attendees will join us for another round of unexpected entertainment and excitement in the ever-popular Hawaiian Family Games! Gut wrenching laughs and true competitive spirit drive this frantic but fun team activity that will keep attendees on their toes and lead to the crowning of this year’s champion! We can’t divulge all the exciting details just yet, but rest assured it will be a workshop you won’t forget! Attendees be sure to check in once registration closes and receive further details and team information.

The Future in Finance

Dive in to the world of financial security and an economic state of the union in this unique finance session moderated by Quoc Tran of Lateef Investments and Ashley Kennefick of Fidelity Institutional. The workshop covers a wide range of topics that include investment analysis, market trends and the hot companies out there for investors.

Tropical Top Chef

In a true tropical show down, attendees will team up and go head-to-head to make the best Tropical Salsa. Each team will be given the same ingredients to win over the judges’ taste buds. After facing the heat of the cook-off, enjoy your very own mixed drink! Alejandro (Alejo) Lobo, the Senior Banquet Manager and Mixologist Extraordinaire of Wailea Beach Resort, will demonstrate how to mix the perfect cocktail and teach attendees how to make their very own!

For more information about the Annual Meeting, contact Cheryl Wood at (949) 885-4798.