On January 1, 2013, new E-Verify laws will take effect in Georgia, North Carolina, Pennsylvania, and Tennessee requiring many private employers to register for and begin using the federal E-Verify electronic employment eligibility verification system. This trend of states making their own laws for E-verify, an internet-based program that compares information from Form I-9s to government records to confirm that newly hired or current employees are authorized to work in the United States, only adds to the already confusing patchwork of regulations for employers to follow to maintain legal compliance. This is Trend Number 7 of the 6th Annual ‘ESR Top Ten Background Check Trends for 2013’ available at http://www.esrcheck.com/Top-Ten-Background-Check-Trends-for-2013.php. Continue reading
On September 13, 2012, Congress passed S. 3245, a bill that includes an extension by three years of the authorization for the federal E-Verify Electronic Employment Eligibility Verification Program until September 30, 2015. E-Verify, which was due to expire on September 30, 2012, allows U.S. employers to verify the work authorization of newly hired employees. This bill goes to President Obama next for him to sign. The full text of S. 3245 is available at: http://www.govtrack.us/congress/bills/112/s3245/text. Continue reading
A law enacted by the North Carolina General Assembly in 2011 that requires businesses in the state with 25 or more employees to use the federal E-Verify electronic employment eligibility verification program to verify the work authorization of newly hired employees will continue to be phased in over the next year, and employers with 500 or more employees will be required to use E-Verify beginning October 1, 2012. The full text of House Bill 36 (H.B. 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” is available at: http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H36v7.pdf. Continue reading
A notice published in the Federal Register on August 22, 2012 by the U.S. Citizenship and Immigration Services (USCIS) announced an extension of the public comment period on changes in a second draft of the new proposed ‘Form I-9, Employment Eligibility Verification’ that employers must complete for all newly hired employees to verify their identity and authorization to work in the United States. The notice, which has a 30-day comment period ending on September 21, 2012, is available at: http://www.gpo.gov/fdsys/pkg/FR-2012-08-22/pdf/2012-20631.pdf. The second draft of new Form I-9 is available at: http://www.regulations.gov/#!documentDetail;D=USCIS-2006-0068-0205. Continue reading
A bill recently signed into law by Pennsylvania Governor Tom Corbett – Act No. 127 (formerly Senate Bill 637), The Public Works Employment Verification Act – requires all public works contractors and subcontractors with the state to enroll in and use the federal E-Verify electronic employment eligibility verification system to verify the legal work authorization status of newly hired employees in the United States. The text of the new legislation, which will take effect January 1, 2013, is available here: The Public Works Employment Verification Act. Continue reading
With some job candidates falsifying or inflating employment and educational accomplishments in order to find work in a competitive job market, Attorney Lester Rosen, CEO of background check firm Employment Screening Resources (ESR), will present the webinar “Employment and Education Verifications How to Tell What Is Real and What Is Not” on Thursday, March 15, 2012 from 10:30 AM to 12:00 PM PST. To register for the webinar, the third of four webinars in ‘A Guide to the Essentials of Safe Hiring eProgram Series’ with the Northern California Human Resources Association (NCHRA), visit: http://m360.nchra.org/event.aspx?eventID=38881&instance=0. Continue reading
Adding to the recent changes in laws regarding the use of employment credit checks and E-Verify by employers in the Golden State, California Governor Jerry Brown has approved Senate Bill 459 (SB 459) that enacts stiff penalties – including fines of $5,000 to $10,000 for first violations and up to $25,000 for repeat violations – for employers found to have “voluntarily and knowingly” misclassified workers as independent contractors. To read the full text of SB 459, which will take effect January 1, 2012, visit: http://leginfo.ca.gov/pub/11-12/bill/sen/sb_0451-0500/sb_459_bill_20111009_chaptered.pdf. 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
Designed to increase tax compliance and provide past payroll tax relief to employers, the Internal Revenue Service (IRS) has launched a new Voluntary Classification Settlement Program (VCSP) that will enable employers to resolve past worker classification issues and achieve certainty under the tax law at a low cost by voluntarily reclassifying their workers, according to a news release from the IRS website.
As part of a series of webcasts for the Institute for Human Resources (IHR) Certification Program from HR.com, safe hiring expert Attorney Lester Rosen, CEO of nationwide background check provider Employment Screening Resources (ESR), will present a one hour webinar on the topic of ‘Legal and Effective Reference Checking and Education Verification’ on Thursday, August 25, 2011 from 1:00 PM to 2:00 PM ET (10:00 AM to 11:00 PT). To register for this webcast, which is free to HR.com members and approved for 1.0 General credits through the HR Certification Institute (HRCI), visit http://www.hr.com/en/webcasts_events/webcasts/upcoming_webcasts/legal-and-effective-reference-checking-and-educati_gpvaargk.html.