On January 1, 2010, new state and local E-Verify requirements will go into effect in Georgia, South Carolina, Illinois, and Lancaster, California. Here is a quick summary for all employers doing business in these locations :
South Carolina: presently, the South Carolina Illegal Immigration Reform Act requires all employers with 100 employees or more to participate in E-Verify or only hire employees who possess or qualify for a South Carolina driver’s license (or other state license with similarly strict requirements). Starting in the New Year, the law will expand to include all state contractors, regardless of size. By mid-year (July 1), it will cover all employers. For more information regarding state contractor requirements in South Carolina, please visit this link.
Illinois: as of January 1, 2010, employers choosing to voluntarily enroll in E-Verify are urged to consult the Illinois Department of Labor website, which will contain information regarding the accuracy of E-Verify, the financial burden on employers, and their responsibilities. In addition, employers enrolling in E-Verify must complete an attestation form (available here) to indicate that the employer (a) has received E-Verify training materials and that all employees who will administer the program have completed the tutorial; and (b) has posted the required participation and anti-discrimination notices. The new law also creates a cause of action for employees and prospective employees in the event the employer fails to abide by the various E-Verify provisions. The entire law can be viewed here.
Georgia: On January 1, 2010, public employers (city, municipality and county), contractors and subcontractors will be required to post their federally issued E-Verify user identification number and date of authorization to use E-Verify on their website. Covered cities that do not maintain a website must annually publish the identification number and date of authorization in the legal organ for the county. (*O.C.G.A. Section 13-10-91 requires that all public employers register and participate with E-verify). See this page for more information.
Lancaster, CA: Beginning January 1, 2010, businesses operating in the City of Lancaster (California) will be required to use E-Verify for all new hires. The ordinance also states that those who hire unauthorized workers may have their business licenses revoked. For more information, visit this site.