Employers Impacted

HB36 passed on Jun. 2011 expanding the scope of current E-Verify requirements to include new hires of all county and municipal government agencies and private employers with 25 or more employees.

Law becomes effective for County and City Employers as of October 1, 2011 and the following schedule for Private Employers:

October 1, 2012 for employers that employ 500 or more employees.

January 1, 2013 for employers that employ 100 or more but less than 500 employees.

July 1, 2013 for employers that employ 25 or more but less than 100 employees.

All state agencies, offices, and universities must use E-Verify for new employees hired on or after Jan. 1, 2007, except for employees of local education agencies hired on or after Mar. 1, 2007.

Penalties for Non-Compliance

Private employers may be assessed penalties of $1,000.00 to $10,000.00 per violation depending on the number of prior violations and employer’s failure to timely file an affidavit attesting to requesting verification of the employee’s work authorization through E-Verify.

No penalty specified.

Employers Impacted

Contractors and subcontractors must be enrolled and use E-Verify in order to enter into any contracts with a county or city, state or board agency.

Private employer workers who are employed for less than nine months in the calendar year are not defined as employees under S.L. 2011-263 (HB 36) and would not be subject to mandatory state E-Verify rules.

Penalties for Non-Compliance

Inability to enter into state, county or city government contracts.

Employers Impacted

Contractors and subcontractors must use E-Verify for all new employees and make the records immediately available upon the written request by the County.

Penalties for Non-Compliance

Violators could be barred from future county projects.