Laws mandating E-Verify use kicked in for some businesses in several states on Jan 1, 2013. Here is a quick synopsis of those impacted as of Jan 1, 2103:
North Carolina
Private employers in North Carolina with 100 or more employees must now confirm the work authorization of each new employee through E-Verify as per House Bill 36 (Session Law 2011-263). The law does not apply to seasonal temporary employees who are employed for 90 or fewer days during a 12-consecutive-month period.
Penalties: Failure to comply can result in civil fines ($10,000+) and notification to U.S. Immigration and Customs Enforcement and local law enforcement agencies.
Pennsylvania
Public works contractors and subcontractors in Pennsylvania must now use E-Verify to confirm employment eligibility of each new employee, as per Senate Bill 627 (Act 127), the Public Works Employment Verification Act.
Penalties: First violations incur a warning letter detailing the violation, posted on the website of The Department of General Services of the Commonwealth. On a second violation, the contractor is debarred from public work for 30 days. On subsequent violations, the contractor is debarred from public work for 180-365 days. In the case of a willful violation, the contractor is debarred from public work for a period of three years. Contractors will also incur a penalty of $250-$1,000 per violation.
Tennessee
Tennessee employers with more than 5 employees must now use E-Verify to confirm the work eligibility of new employees, or maintain a copy of a specified identity document, as per the Tennessee Lawful Employment Act, Public Chapter 436 (HB 1378).
Penalties: Employers can incur penalties of $500 plus an additional $500 for each employee not verified for a first violation; $1,000 plus an additional $1,000 for each employee not verified for a second violation; and $2,500 plus an additional $2,500 for each employee not verified for subsequent violations.
Source: E-Verify & I-9 News
This information is intended to be
educational and should not be considered legal advice on any specific matter.
