E-Verify Laws Take Effect on January 1, 2013 for 3 States

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.

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.

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