Participation in E-Verify Triggers Special Posting Requirements

E-Verify is an internet-based system operated by the U.S. Department of Homeland Security that allows you to check an employee’s eligibility at the time of hire (specifically the I-9 process). Through its database, it runs a cross-check with DHS and Social Security Administration records to determine if an employee is eligible to work in the U.S.

Are you required to participate in E-Verify? The answer is yes if:

• You have federal government contracts
• You’re a federal agency
• You’re a public sector (government) employer in: Florida, Idaho, Indiana, Missouri, Nebraska, Oklahoma and Virginia
• You operate in certain states: Alabama, Arizona, Georgia, Louisiana*, Mississippi, North Carolina, South Carolina, Tennessee*, Utah*

*In these states, employers may use an alternate system, but the requirements are so similar that most choose to use E-Verify, since it’s established, it works and it’s easy to incorporate in their hiring process.

In every situation — as well as if you voluntarily participate in E-Verify — you must comply with two E-Verify posting requirements:

• E-Verify Participation poster
• Right to Work Poster (also known as the E-Verify Discrimination poster)

These posters inform applicants and employees of their rights under the E-Verify program, and lets them know they can’t be discriminated against because of their national origin or citizenship status.

Both posters must be displayed in English and Spanish, even if you have no Spanish-speaking employees. Also, they must be displayed where applicants and employees can see them, so most companies comply by posting near an entrance. Finally, you have to communicate the same information to your remote workers.

More Federal Contractor Posting Requirements

Your additional posting obligations depend on the types of active contracts you have and the value of the contracts.

The Most Common Postings for Federal Contractors are:

• EEO is the Law Supplement (New! Jan. 2016)
• Pay Transparency Statement (New! Jan. 2016)
• Minimum Wage (Updated, Jan. 2016)
• DOD Fraud Hotline (Updated, Feb. 2015)
• DOD Whistleblower (New! Feb. 2015)
• NLRA (required by EO 13496)
• Walsh-Healey Public/Service Contracts
• ARRA Whistleblower Rights
• DHS Fraud Hotline
• Notice to Workers with Disabilities
• Davis-Bacon Act
• DOT Federal Highway Construction

These posters change frequently, including new posters and mandatory changes to existing posters. In fact, nine mandatory changes have occurred since 2009, and two more are pending based on recently enacted laws.

Also, the penalties for non-compliance can be even steeper than those with regular federal and state posters. If you’re an employer that doesn’t comply with the federal contractor posting requirements, you could face steep fines along with losing your government contract or funding. Most contracts include language that they can be suspended or cancelled due to non-compliance with posting requirements.