Employers Impacted

Public works state contractors and subcontractors must use E-Verify. “Public work” is defined as “construction, reconstruction, demolition, alteration and/or repair work other than maintenance work, done under contract and paid for in whole or in part out of the funds of a public body where the estimated cost of the total project is in excess of $25,000, but shall not include work performed under a rehabilitation or manpower training program.”  Potentially broader reach for subcontractors.

Penalties for Non-Compliance

Violations for failing to enroll and use E-Verify:

First violation – warning and posting on state website

Second violation – 30 days debarment from state public works contract

Third violation – 180 days or up to 1 year debarment from state public works contract

Willful violators (as determined by a court) may be debarred for up to 3 years

Willful violators who misrepresent themselves on an official verification form to the state may be subject to a civil fine of $250 to $1,000 per violation.