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:
*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:
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.
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:
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.
Upon signing the tax overhaul bill in late December, President Trump declared that the ACA was “essentially” repealed, thanks to … Read more
Small business owners who keep employees on payroll are the most likely candidates to seek tax preparation solutions. The services … Read more
In the continued move among states to eliminate criminal background questions on job applications, California recently passed legislation that will … Read more
The moment a small business owner hires employees — whether it’s just one or 10 or 100 — he or … Read more
While the future of the Affordable Care Act (ACA) remains hotly debated in Washington, the IRS has made it clear … Read more
You want to hire the best, most qualified applicant for the job. What you DON’T want to do is ask … Read more
Get the latest news and free resources from ComplyRight delivered straight to your inbox.
You've just unlocked a wealth of FREE resources to build HR confidence.
ComplyRight provides free educational resources related to employee management, labor law and compliance. Better understand HR basics and learn how to address specific issues by browsing our knowledge center.
At ComplyRight, our mission is to free employers from the burden of tracking and complying with the complex web of federal, state and local employment laws, so they can stay focused on managing and growing their businesses.
©2019 ComplyRight, Inc.