Mandatory E-Verify Use Goes Into Effect 2021
On June 30, 2020, Florida Governor Ron DeSantis signed into law legislation that will change hiring procedures for all Florida employers. Notably, beginning January 1, 2021, all public employers and certain private employers will be required to use E-Verify when bringing on new hires. E-Verify, a web-program administered by the U.S. Citizenship and Immigration Services and the Social Security Administration, cross-checks I-9 form information against information from federal databases.
All Florida public employers and any private employer using taxpayer funded incentives or working under a public contract (contractor or subcontractor) will be required to use the service when hiring new employees. Public contractors that subcontract work must also retain an affidavit provided by the subcontractor confirming the subcontractor does not “employ, contract with, or subcontract with an unauthorized alien.”
Private employers are not required to use E-Verify, but the new law does not let them off the hook entirely. In addition to requirements to maintain I-9 forms under the federal Immigration Reform and Control Act of 1986, private employers in Florida that do not use E-Verify will also be required to maintain copies of documents used to complete an I-9 form for three years after an employee’s start of employment.
Florida is the most recent body to require the use of E-Verify. The system has been required for certain federal contractors, for employers throughout certain states, and for certain sectors within states. It would not be surprising to see this trend continue.
One trend we would like to see end is the continued slapping of an “E” in front of any old word and calling it a new word.
I think we can all agree that E-nough is E-nough.
StraightforWARD Legal Advice:
Penalties for employers that fail to follow the new legislation are steep with non-compliance possibly resulting in suspension or permanent loss of business license. Therefore, businesses are advised to immediately update their hiring procedures and consider conducting audits to ensure compliance. For help anything E-Verify related, employers should contact Jeremy Rogers at 813-558-5387 or firstname.lastname@example.org.