Background
Florida has passed a new law, effective January 1, 2021, that requires all public employers, contractors, and subcontractors to register with and use the E-Verify system to certify the work authorization of all newly hired employees.
E-Verify is a free federal electronic database that allows employers to quickly validate documentation presented by new hires to establish that they are legally eligible for employment in the US.
In addition, contractors must require subcontractors to provide an affidavit stating that they do not employ, contract with, or subcontract with unauthorized aliens. A copy of this affidavit must be maintained for the duration of the contract.
Summary
What about Private Employers?
Private employers are already required under federal law to verify employment eligibility for new hires with the I-9 Form. Beginning January 1, 2021, private employers are also now required by state law to verify employment eligibility after an offer of employment has been accepted. Private employers are not required to retroactively verify work authorization for continuing employees hired before January 1, 2021. However, they will need to verify employment for continuing employees upon contract renewal or extension.
Private employers can verify employment eligibility by using E-Verify or by requiring individuals to provide the information mandated by Form I-9.
Failure to comply with the employment verification requirements may result in the revocation of a business’s state license.
Employers Next Steps
- Public employers, contractors, and subcontractors in Florida will need to register with and use the E-Verify System to certify work authorization.
- Review HRK’s List of I-9’s Do’s and Don’ts.
- Consider using an electronic I-9 system that will uniformly establish procedures for obtaining, storing, and reverifying eligibility when needed. Ask HRK to see a demo of our cloud-based I-9 solution.
- If you are a Full-Service or Virtual HR client and would like our assistance with updating your policy or have any questions regarding I-9 compliance, please email us.
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This content is provided with the understanding that HR Knowledge is not rendering legal advice. While every effort is made to provide current information, the law changes regularly and laws may vary depending on the state or municipality. The material is made available for informational purposes only and is not a substitute for legal advice or your professional judgment. You should review applicable laws in your jurisdiction and consult experienced counsel for legal advice. If you have any questions regarding this content, please contact HR Knowledge at 508.339.1300 or email us.
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