State E-Verify Update
Now that the new year is underway, employers need to be mindful of various state E-Verify requirements that become effective at various points this year. While some of these aren’t entirely new, there will be a wider range of employers that need to comply. States with new E-Verify laws, or with an increase in the scope of employers affected are listed below.
1) North Carolina–as of January 1st, 2013, employers with 100 or more employees are required to use E-Verify to check work authorization for all new hires. As of July 1st, 2013, this will expand to all employers with 25 or more employees. (The initial phase in began on October 1st, 2012 and included those employers with 500 or more employees)
2) Tennessee–as of January 1st, 2013, employers with 6 or more employees must either use E-Verify to check work authorization, or retain copies of specific documents cited in the Tennessee Lawful Employment Act (see http://www.tn.gov/labor-wfd/eVerify/index.shtml ).
3) Pennsylvania–as of January 1st, 2013, public works contractors and subcontractors must enroll in the E-Verify program and check the work authorization of all new hires. Penalties for non-compliance include debarment from the state contractor process and civil fines.
Employers need to ensure that they are constantly monitoring the regulatory landscape for changes in E-Verify mandates as they pertain to states. While last year was exceptionally slow in this regard, due to the election, we anticipate a new surge in bills this year, so stay tuned.