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E-Verify and Right to Work Notices were recently updated in September 2017

What is E-Verify?

The E-Verify program was created as a voluntary Internet-based pilot program to help employers verify the work authorization of new hires. It applies to U.S. citizens and noncitizens. Originally known as the Basic Pilot/Employment Eligibility Verification Program, the program was renamed E-Verify in 2007. The program is administered by the U.S. Department of Homeland Security in partnership with the Social Security Administration.

What is required of federal contractors?

As of Sept. 8, 2009, federal contractors or subcontractors are required to use E-verify to determine employment eligibility of employees performing direct work on the contract and new hires. It applies to federal contracts that contain the Federal Acquisition Regulation E-Verify Clause. It exempts contracts of less than 120 days and valued at less than $100,000 and subcontracts valued at less than $3,000.

Table: States Requiring E-Verify

 

State

Citation

Year

Applies to

1

Alabama

H56

2011

All employers, public and private

HB658

2012

Contractors and subcontractors; prime contractors not liable for subcontractor complying with E-Verify unless they know of the violation

2

Arizona

HB 2779

2007

All employers, public and private

HB 2745

2008

Prohibits government contracts to any businesses not using E-Verify

3

Colorado

HB 1343

2006

State and local government contractors.

SB139, SB193

2008

Contractors with state and local government are required to be enrolled with either with E-Verify, or the Colorado Department of Labor and Employment Program (“Department Program”). 

4

Florida

EO 11-02

2011

State agencies, public employers, and government contractors

EO 11-116

 

E-Verify requirement for FL state contractors applies to "all contracts for the provision of goods and services to the state in excess of nominal value."

5

Georgia

SB 529

2006

Public employers, contractors, and subcontractors with over 500 employees.

HB 2

2009

 

SB 447

2010

 

HB 87

2011

Private employers more than 10 employees 
(phase in by July 1, 2013)

HB 742

2012

 

HB 1027

2012

 

6

Idaho

EO 2009-10

2009

State agencies, public employers, and government contractors

7

Indiana

ESB 590

2011

State agencies, public employers, and government contractors. State tax credit incentive for private employers who use E-Verify.

8

Kansas

Executive Order by OSS

2011

Only the Office of the Secretary of State has required all contractors with that office to use E-Verify. The rest of Kansas state government has declined to follow.

9

Louisiana

HB 342

2011

All state and local government contractors

HB 646

2011

This requires public and private employers to either use E-Verify or check and retain acceptable work authorization documents. Those using E-Verify are not subject to civil penalties if an employee is later found to be working unlawfully.

10

Michigan

HB 5365

2012

Only Oakland, Macomb, and Ingham counties require public employers to use E-Verify for all new employees. Additionally, country service contractors within Oakland county must use E-Verify.

11

Minnesota

EO in 2008, then under state budget deal in 2011

2011

All state agencies and companies seeking a state contract in excess of $50,000

12

Mississippi

SB 2988

2008

All employers, public and private, by July 2011

13

Missouri

HB 1549

2008

All public employers and business entities receiving a state contract or grant in excess of $5,000 or a state-administered tax credit, tax abatement, or loan from the state

HB 390

2009

14

Nebraska

L403

2009

State and local government agencies, public employers and government contractors

15

New York

 

2008

The village of Suffern, New York requires any new contractors with the village to use E-Verify for all new employees.

16

North Carolina

SB 1523

2006

All State Agencies, Offices, and Universities by 3/1/07

HB 36

2011

all counties, cities and private employers with more than 25 employees to use E-Verify by 07/2013

HB 318

2015

All State and Local Government Contractors. Seasonal workers are not required to be verified through E-Verify.

17

Oklahoma

HB 1804

2007

State agencies, public employers and government contractors

18

Oregon

 

 

All county employers within Columbia County

19

Pennsylvania

SB 637

2011

Government contractors with contracts of $25,000 or greater

20

South Carolina

HB 4400

2008

ALL Private and Public Employers

SB 20

2011

Civil penalties for noncompliance punishable by loss of business license

HB 4813

2012

Establishes a 24-hr hotline to report E-Verify violations

21

Tennessee

HB1378

2011

All private employers with more than 6 employees must use E-Verify for all new hires or use alternative methods to verify work authorization

SB 196

2016

Under the new law, employers with 50 or more employees must enroll in and use the federal E-Verify program to verify the work authorization status of employees hired on or after January 1, 2017.

22

Texas

RP 80

2014

State agencies, institutions of higher education, government contractors (at least with respect to those employees assigned to the government contract.)

23

Utah

SB 81

2008

Public employers, contractors, subcontractors

SB 39

2009

 

HB 251

2010

Private employers with more than 15 employees

HB 116

2011

 

24

Virginia

H 737

2010

State agencies, public employers and contractors with at least 50 employees and a contract worth at least $50,000

HB 1859

2011

SB 1049

2011

25

Washington

Local Ordinances

 

Washington does not have a statewide E-Verify requirement. However, there are several cities and counties that have enacted their own legislation to address E-Verify; these include the cities Hoqiuam, Kennewick, Yakima, and Lakewood, as well as Clark, Cowitz, Lewis, Pierce, and Whatcom counties

26

West Virginia

SB 659

2012

Public Employers, Government Contractors

 

taken from http://www.verifiedperson.com/products_faqs_20.html