While several U.S. states have passed laws requiring use of the electronic employment eligibility verification system known as E-Verify, California Governor Jerry Brown recently signed the Employment Acceleration Act of 2011 (A.B. 1236) that opposes E-Verify mandates and prohibits – except as required by federal law or as a condition of receiving federal funds – cities, counties, and special districts in California from requiring employers to use an electronic employment eligibility verification system such as E-Verify. To read the Employment Acceleration Act of 2011, visit: http://leginfo.ca.gov/pub/11-12/bill/asm/ab_1201-1250/ab_1236_bill_20110909_enrolled.pdf. Continue reading
Over the weekend, California Governor Jerry Brown signed two Assembly Bills – ‘AB 22’ and ‘AB 1236’ – that will impact the way employers in the state conduct credit report checks on job applicants and use the federal E-Verify employment eligibility verification system to check the work authorization status of newly hired employees. AB 22 prohibits most employers or prospective employers from obtaining consumer credit reports for employment purposes while AB 1236, the Employment Acceleration Act of 2011, prevents state and local governments from requiring California businesses to use E-Verify to check if newly hired workers are legally eligible to work in the United States. The new laws take effect January 1, 2012. Continue reading
Ruling on the recently-enacted Alabama immigration law House Bill 56 (H.B. 56), Chief Judge Sharon Blackburn of the United States District Court for the Northern District of Alabama has issued a 115 page opinion upholding the order that Alabama employers must confirm the work authorized status of all new workers using the federal E-Verify employment eligibility verification system beginning April 1, 2012 or face penalties for hiring unauthorized aliens. In addition, businesses in Alabama must enroll in E-Verify by January 1, 2012 and attest by sworn affidavit to not knowingly employ, hire, or continue to employ unauthorized aliens to receive government contracts and grants from the State. Continue reading
Going against a national trend of some U.S. cities and states requiring the use of the federal E-Verify electronic employment eligibility verification system, California may restrict the use of E-Verify under the Employment Acceleration Act, according to a report ‘State poised to restrict use of E-Verify database’ from California Watch. The act would not allow state and local governments to require California businesses to use the E-Verify system to check if newly hired workers are legally eligible to work in the United States (Update: Governor Brown Signs Two Bills Impacting Use of Credit Reports and E-Verify by Employers in California). Continue reading
The state of Minnesota is once again requiring its big contractors to verify the legal right of their employees to work in the United States by using the E-Verify electronic employment eligibility verification system that checks information from new hires against federal databases of the Department of Homeland Security (DHS) and Social Security Administration (SSA), according to a report from Minnesota Public Radio. Already in effect, the new law requires private businesses providing more than $50,000 worth of services to the state to enroll in E-Verify and check the work status of new hires using the E-Verify system. Continue reading
The U.S. Citizenship and Immigration Services (USCIS) – the government agency that oversees lawful immigration to the United States – has launched a Spanish language version of ‘Self Check,’ a free online service of E-Verify that allows workers to check their own employment eligibility status, according to a USCIS news release. Self Check has also expanded from its initial March 2011 launch to residents of Arizona, Colorado, Idaho, Mississippi, Virginia, and the District of Columbia to now include 16 additional states: California, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New York, Ohio, South Carolina, Texas, Utah, and Washington. Continue reading
Showing the need for U.S. employers to both understand and adhere to Employment Eligibility Verification “Form I-9” documentation rules and best practices, the Department of Justice (DOJ) reached a settlement of $50,760 with a Louisiana company to resolve allegations that they “engaged in a pattern or practice of discrimination against non-citizens in the hiring and employment eligibility verification process,” according to a DOJ press release. In addition to ending illegal document requests, the company agreed to pay $43,560 in civil penalties and $7,200 in back pay with interest to the injured party. Continue reading
The U.S. Immigration and Customs Enforcement (ICE) – the largest investigative arm of the Department of Homeland Security (DHS) – has fined 14 New England employers during this fiscal year for various violations that enabled companies to hire illegal workers, according to a news release from ICE. The fines in the New England region, which include two companies in Maine and Massachusetts accounting for over $200,000 of the fine settlements, follow an investigation and audit of Form I-9 documents used to verify the employment eligibility of newly hired workers. Continue reading
North Carolina Governor Beverly Perdue has signed into law the requirement that cities, counties, and businesses in the state employing 25 workers or more use E-Verify, an internet-based system operated by the Department of Homeland Security (DHS) and the Social Security Administration (SSA) that allows participating employers to verify the employment eligibility of their newly hired employees. The law (House Bill 36) – “An Act To Require Counties, Cities, And Employers To Use The Federal E-Verify Program To Verify The Work Authorization Of Newly Hired Employees” – will be phased in for different employers from October 1, 2011, through July 1, 2013. Continue reading
With half of 2011 over, the time is right to revisit predictions about the background check industry made six months ago at the start of the year. Employment Screening Resources (ESR) – a background check firm accredited by the National Association of Professional Background Screeners (NAPBS®) – compiles an annual list of top background check trends as predicted by ESR’s founder and President Lester Rosen. The first of five installments of The Top 10 ESR Background Check Trends of 2011 Review features the number ten trend, new accreditation standards, and the number nine trend of the year, E-Verify and I-9 audits. For the other installments of the 2011 ESR Background Check Trends Review, visit Part 2, Part 3, Part 4, and Part 5.
- Number 10 ESR Background Check Trend for 2011: New Accreditation Standards Help Employers Select Background Screening Firms.
- Number 9 ESR Background Check Trend for 2011: E-Verify and I-9 Audits Help Government Find Employers with Illegal Workers.