Various states have started off their 2014 legislative sessions by placing emphasis on the all-employer approach to the use of E-Verify. E-Verify is the internet based system that establishes eligibility for employment of an individual employee. Through E-Verify data is submitted by an employee against that in the Department of Homeland Security and Social Security Administration databases to prove eligibility.
2013 was a particularly slow year for the enactment of new E-Verify laws on the state level, as the states appeared to be taking the “wait and see” stance with regard to federal immigration reform efforts. Now that those efforts have stalled, heightened activity on the state front is already evident. Since, Nebraska, Rhode Island, Tennessee and West Virginia have introduced new bills that help impose various levels of requirements for the participation of E-Verify.
Nebraska Legislative Bill 1073 will work toward expansion of the current E-Verify requirements in the state from public employers and contractors to include all employers. Violation of this bill would be a class III misdemeanor and would become effective January 1, 2015.
The Rhode Island Senate Bill 2030 would re-establish the mandatory use of E-Verify which has had an up and down history. In 2008 the state agreed to mandatory use of E-Verify only for it to be repealed in 2011. The new possible bill would require all employers with 3 or more employees to join in the program. Rhode Island plans on taking a phase into the new idea as by January 1, 2015 employers with 200 or more employees will be required to participate, by July 1, 2015 employers with 50-200 employees would be required to participate and by January 1, 2016 those with fewer than 50 employees would be required to participate. The new participation will provide and employer exemption from liability action under the bill.
Tennessee Senate Bill 2026 is a bill seeking to eliminate the current verification in the state which allows use of E-Verify or employee presentment of certain types of identification documents. This bill would affect all employers in Tennessee who have 6 or more employees and this bill would go into effect January 1, 2015.
West Virginia will be working with House Bill 2047 which seeks mandatory E-Verify requirements for all employers in the state with 6 or more employees. Like Rhode Island’s bill this will also undergo a phased approach for implementation with employers of 250 or more being the first group.
Employers should stay aware of all the changes happening with E-Verify laws in the above states in which they do business.
