US Labor, Employment, and Workplace Safety Alert
By: April Boyer, Adriana Reyes, Claudia Marina Velasquez
Since 1996, E-Verify, a free digital immigration verification service, has existed to help employers ensure that their hired workforce is authorized to work in the United States. While Florida made E-Verify enrollment and use mandatory for public employers and private employers that contracted with state or local governments (or received government incentive funds), the general use of E-Verify by Florida employers was otherwise voluntary. On 10 May 2023, that changed. Effective 1 July 2023, private employers with at least 25 employees in Florida will now be required to use E-Verify to confirm their employees’ eligibility to work in the United States. If a covered employer fails to use the E-Verify system as required three times in any two-year period, the law provides that the employer is subject to a mandatory US$1,000 fine for each day of noncompliance. The law even precludes a defense raised by the employer that the E-Verify system was unavailable. These strict requirements and potential penalties may significantly affect the hiring practices of many employers in Florida.
Overview and Background
The Immigration Reform and Control Act of 19861 requires all US employers (regardless of size) to have individuals who are hired complete the Employment Eligibility Verification Form (Form I-9) to help to verify the person’s identity and confirm the person’s authorization to...
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