E-Verify State Law Summary
A combination of State law mandates and the Federal Contractor
(FAR) E-Verify rule (effective September 8, 2009) significantly
increased the number of employers that have registered to use the
program. Unfortunately, due to inconsistencies found from state to
state, the varying laws serve to further confuse and overburden
employers trying to achieve immigration-related compliance. It is
critical for companies to carefully monitor changes in upcoming
state laws, and to fully understand what they are responsible for
when dealing with E-Verify.
States and localities are continuing to jump on the E-Verify
bandwagon, and as of July 1, 2010, South Carolina will have one of
the toughest E-Verify laws in the United States. When the next phase
of the law takes effect, all South Carolina employers will be
required to use E-Verify or employ only workers who possess or
qualify to obtain a South Carolina driver’s license or
identification card. Employers who fail to comply could be subject
to fines of $100 to $1000 per violation. South Carolina has already
audited over 1,500 employers under the current version of the law,
which has applied to employers with more than 100 employees since
July 1, 2009. Although the state has waived penalties for many
first-time violators pending remediation, it expects to increase
audits as small employers become subject to the law statewide.
The chart below serves as a sampling of State and local
E-Verify laws. Please note that this information is fluid and
contains only examples of local ordinances. It should not be relied
upon for legal advice.
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STATE E-VERIFY LAWS as of JUNE 2010
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State
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Private Employers Impacted
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Federal, State,
Public Employers &
Government
Contractors Impacted
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Arizona
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The Legal Arizona Workers Act requires all Arizona employers to use
E-Verify for all newly-hired
employees, effective January 1,
2008.
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California
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On Dec. 31, 2009, Ordinance No. 934 went into effect requiring all
employers in the city of Lancaster
to use E-Verify.
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In addition, as of July 1, 2007, all contractors for the City of Mission
Viejo are required to use E-Verify.
Furthermore, as of July 1,
2008, all contractors for the city
of Palmdale are required to use
E-Verify for contracts exceeding
$50,000 for any manner of
construction, remodel, landscape,
maintenance or repair services.
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Colorado
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Since
2006, Colorado has required prospective government contractors to use
E-Verify to ensure legal work status
of all employees. In 2008, Colorado
passed legislation requiring
contractors with current state
contracts to use E-Verify effective
August 6, 2008.
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Florida
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Since May 11, 2010, all contractors
(and subs-contractors) doing
business with Hernando County are
required to use E-Verify for all new
hires.
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Georgia
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Effective January 1, 2010, Georgia requires all public employers and
government contractors to use
E-Verify to verify the work
authorization of their newly-hired
employees.
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Idaho
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As of July 1, 2009, Idaho requires all public employers to use “procedures
to verify and ensure that all new
employees with any agency of the
State of Idaho are eligible for
employment under federal and state
law.”
Penalties include loss of
public funding and cancellation of
the contract.
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Minnesota
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Effective January 7, 2008, government contractors and their subcontractors
must certify compliance with the
Immigration Reform and Control Act
(IRCA) and use E-Verify for
contracts over $50,000.
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Mississippi
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The Mississippi Employment Protection Act requires all Mississippi
employers to use E-Verify for new
hires. The law went into effect for
Mississippi employers with 250 or
more employees on July 1, 2008, and
for employers with 100 to 249
employees on July 1, 2009. Employers
with 30 to 99 employees must comply
by July 1, 2010, and employers with
fewer than 30 employees must comply
by July 1, 2011.
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Contractors or subcontractors with a contract with any public employer
must use E-Verify as of July 1,
2008.
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Missouri
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Employers found to have knowingly
employed, hired or continued to
employ an undocumented worker are
mandated to register for E-Verify as
party of the penalty for their first
offense.
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Effective January
1, 2009, contractors and their subcontractors seeking to bid on contracts
or renew pre-existing contracts of
over $5,000 with the state or any
political subdivision must enroll
and participate in E-Verify and
affirm that no unauthorized worker
will perform services under the
contract.
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Nebraska
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Recipients of any contract awarded after October 1, 2009 must ensure that
they and their subcontractors
register and use E-Verify for new
employees.
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North Carolina
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Effective January 1, 2007, all state agencies, offices and universities
hired after effective date must use
E-Verify.
Effective February 1, 2010,
all contractors (and subcontractors)
shall use E-Verify in Alamance
County.
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Oklahoma
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Recipients of any contract entered into after July 1, 2008 must ensure
that they and their subcontractors
register and use E-Verify or other
“Status Verification System” for new
employees.
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Rhode Island
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Proposed legislation that would cover all private employers is pending.
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In March 2008, the governor issued an executive order requiring executive
agencies as well as their grantees,
contractors, subcontractors and
vendors to use E-Verify.
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South Carolina
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Effective July 1, 2010, all
public employers and public contractors in South Carolina are required to
use the E-Verify database to
electronically check and verify the
employment eligibility of new
employees.
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Tennessee
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As of January 01, 2008, use of E-Verify provides employers a “safe harbor”
against penalties for employing an
undocumented worker if E-Verify
was used for the employee in
question.
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Utah
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As of July 1, 2010, either E-Verify or
Social Security Number Verification
Service (SSNVS) participation is
required in Utah for all private
employers with 15 or more employees.
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As of July 1, 2009, all contractors with
physical services in Utah must
register and participate in either
E-Verify or the Social Security
Number Verification System (SSNVS).
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Virginia
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Effective December 2, 2012, all state
agencies must use E-Verify. This
requirement does not apply to
private employers.
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Washington
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Effective October 6, 2009, all Pierce County
contractors for road projects of a
value greater than $100,000 and
those applying for any other
contracts of a value greater than
$25,000 are required to use E-Verify
for all new hires.
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