E-Verify and Right to Work Notices
Right To Work poster was recently updated in April 2019
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 | |||
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