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Utah Passes SB251 E-Verify Law
The state of Utah passed
SB251 requiring all
employers with 15 or
more employees to use
the federal E-Verify
system starting on July
1, 2010. (E-Verify
access is also available
as part of the ESS
Internet Reprot Access
System (IRAS))
E-Verify is a system run by
the Social Security
Administration and the
Department of Homeland
Security that allows
employers to verify the
employment eligibility of
newly hired employees.
E-Verify is to be used only
to verify employment
eligibility and not as a
employment screening tool.
An E-Verify inquiry is to be
done contemporaneously with
the completion of the FormI9
and within three business
days of hire. By signing up
for the E-Verify program,
you are committing to run an
E-Verify inquiry on all
new hires as long as you
participate in the program.
(Some Federal Contracts also
contain a written
requirement mandating the
use of E-Verify)
Prior
to SB251 being signed,
Governor Gary Herbert and
Senator Chris Buttars had
originally agreed to
schedule a special
legislative session prior to
July 1 and formally amend
SB251 to make employer
participation voluntary for
the first year until July
2011. But after Arizona
recently passed its
immigration law, Governor
Herbert decided that
E-Verify should be carefully
considered in a regular
legislative session as
opposed to a special
session.
Effective July 1, 2010, a
private employer may not be
held civilly liable under
state law in a cause of
action for the private
employer's unlawful hiring
of an unauthorized alien, as
defined in U.S.C. Sec.
1324a, if the private
employer complies with
Section 13-47-201 and uses
the E-Verify program to
verify the employment
eligibility on all new
hires, and the information
obtained in accordance with
the status verification
system indicated that the
employee's federal legal
status allowed the private
employer to hire the
employee.
To read the full text of SB909,
Click Here.
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e-Update
Employment Screening Services, Inc.
e-Update@employscreen.com
1-800-473-7778
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