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FORM
I-9 COMPLIANCE - BREAKING NEWS
Today, several
E-Verify state law provisions go into effect,
impacting employers in South Carolina, Mississippi,
and Utah. Two of the provisions further expand
existing E-Verify laws, while the third brings yet
another state into the growing patchwork of E-Verify
requirements. Below is a brief summary describing
these new state requirements and penalties (if any)
for noncompliance:
The South Carolina Illegal Immigration Reform Act
requires all employers doing business in South
Carolina 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). The law has
been implemented in stages, covering state
contractors with 500 or more employees on January 1,
2009; state contractors with 100 to 499 employees
and private employers with 100 or more employees on
July 1, 2009; all state contractors on January 1,
2010; and as of today, all employers state-wide must
meet the E-Verify/Driver's License requirement.
Employers that fail to
participate in E-Verify or do not hire only
employees that possess or qualify for a South
Carolina driver's license (or other state
license with similarly strict requirements) may
be fined up to $1,000 for each violation.
South Carolina has audited roughly 1,500 companies,
issuing 90 citations for various E-Verify failures.
In almost all cases, the state has waived the
penalty under the law's first time violation
exception as long as the employer begins using
E-Verify or otherwise corrects the problem within 72
hours. Although the citations have been relatively
low, the State expects this to pick up now that the
law applies to smaller employers (particularly those
in the hospitality and construction industry).
Mississippi
The Mississippi Employment Protection Act has also
been implemented in stages, mandating E-Verify
registration and participation for state agencies
and political subdivisions, all public contractors,
all public subcontractors, and private employers
with two hundred fifty (250) or more employees
starting July 1, 2008; private employers with at
least one hundred (100) but less than two hundred
fifty (250) employees on July 1, 2009; and as of
today, private employers with at least thirty (30)
but less than one hundred (100) employees. The law
will further expand to cover all employers in
Mississippi on July 1, 2011.
Employers that do not
comply with the law by the applicable effective date
may have any existing state contract terminated and
become ineligible for public contracts for three
years, or have any license, permit, or certificate
allowing the employer to do business in Mississippi
suspended for a period of one year, or both.
Utah
Utah's latest E-Verify law, the Private Employer
Verification Act, requires all private employers
who employ more than 15 or more employees as of
July 1, 2010, to use E-Verify or a similar
online verification process (SSNVS or other
independent system) to check the employment
eligibility of new employees. In a different
twist, the law does not apply to a private
employer of a foreign national on the H-2A or
H-2B seasonal work visas. Although earlier
versions of the law would have levied criminal
penalties on employers for failing to comply,
the final enrolled bill does not provide any
penalties for noncompliance (an issue of
contention among those in favor of greater
E-Verify mandates). The law does provide a safe
harbor though against any civil liability under
state law in a cause of action for the hiring of
an "unauthorized alien" if the employer complied
with the E-Verify/SSNVS requirement.
Employers also have the
option to voluntarily register with the state to
certify compliance and pay a fee. The Department
of Commerce publishes the list of all registered
private employers on its newly created website,
dubbed "Verify Utah." As of July 1, there are
presently 37 employers listed, most of
them registering within the past few days. The
state recently issued a Media Alert describing
the law and the employer registry, which can be
viewed here.
Disclaimer
This information is not given as legal advice.
All employers should consult their legal
departments for more information.
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e-Update
Employment Screening Services, Inc.
e-Update@employscreen.com
1-800-473-7778
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