Published date:

The recent Supreme Court decision on part of Arizona’s immigration law (SB 1070) does not impact legislation related to E-Verify. This decision dealt with the section of SB 1070 that states it is unlawful for an individual to apply for employment in the state without federal work authorization. The law is not expected to have a large impact on Arizona’s business community since it does not question the Supreme Court decision that a state could mandate all employers within the state to use E-Verify, and that a state has the authority to impose penalties including suspension of business licenses if employers are discovered to be employing unauthorized workers.

The Arizona law, however, may impact employers in other states. For example, the E-Verify mandate portion of the Mississippi Employment Protection Act will be enforced to state contractors. Mississippi employers other than state contractors risk losing their license if they employ an illegal worker and have not instituted E-Verify.  In Alabama, rules will be similar; penalties for knowingly hiring illegal workers without utilizing E-Verify may include temporary suspension of business licenses and permits or permanent revocation of statewide business licenses for multiple violations. Employers in Georgia will also risk suspension of licenses if they fail to comply with the state’s E-Verify requirement. Georgia has a E-Verify mandate based on company size, therefore effective July 1, 2012 Georgia employers with 100-500 employees were required to use E-Verify, while employers with less than 100 workers will need to have E-Verify by July 1, 2013.

Almost all Southeastern states require E-Verify of all or most employers. Pennsylvania recently became the first Northeastern state to require it as well. Public works contractors and subcontractors are required to use E-Verify or risk violation fines or debarment from working on the project.

There is a growing trend for states to require E-Verify and a national mandate may not be too far away. As the trend continues, many multi-state employers should establish an I-9 process that properly balances accuracy, compliance and procedures that limit exposure to potential liability for discrimination.

Excerpts from full article.

LCPtracker is the solution to avoid audits and penalties while compiling with E-Verify laws. LCPtracker provides a labor compliance tool for prevailing wage construction projects that will
allow the electronic submission of the verification statement, or the E-Verify form. It also provides verification that the employees on the project are all I-9 verified. Included within the system is a mechanism to warn and report on all employees that are not E-Verified or I-9 verified on the project.

Plus with the LCPtracker solution you get a total prevailing wage labor compliance software tool. Once familiar with using the LCPtracker system to verify all employees on the project, it can also be used to monitor and check certified payrolls and prevailing wage requirements. The software can reduce administrative hours by 50 to 80 percent, depending on how many reports are utilized, as well as eliminate storage costs of certified payrolls. Thus, with LCPtracker you can dramatically reduce the risk of audit failure or potential employee payroll restitutions.

If you have additional questions on our software solution, click here.