As of July 1, 2023, private employers in Florida with more than 25 employees will be required to use the federal E-Verify system for all new hires. The purpose of this requirement is to verify that newly hired employees are legally authorized to work in the US. This article provides a comprehensive overview of the new law, including the process of enrolling in E-Verify, penalties for noncompliance, understanding E-Verify, defining an employee, alternative methods for verification, future penalties for noncompliance, and important steps employers can take to ensure compliance.
Requirement to Use E-Verify
Effective July 1, 2023, private employers with more than 25 employees must use E-Verify to verify the work authorization of newly hired employees. This requirement aims to prevent the employment of individuals who are not legally authorized to work in the US. By using E-Verify, employers can ensure they are in compliance with employment verification laws.
Enrolling in E-Verify
To comply with the new law, covered Florida employers must enroll in E-Verify using the E-Verify.gov website and follow the registration process. This involves providing the necessary information about the employer and creating an account on the E-Verify platform. Once enrolled, employers can begin using E-Verify to verify the work authorization of their new hires.
Penalties for Noncompliance
Noncompliance with the E-Verify requirement carries significant penalties. Employers who fail to comply with this new law may face costly daily fines as well as potential suspension and/or revocation of state licenses. These penalties are designed to incentivize employers to follow the law and ensure a legal workforce.
Understanding E-Verify
E-Verify is an online employment verification system operated by the federal government. It allows employers to confirm the eligibility of their employees to work legally in the U.S. By using E-Verify, employers establish a rebuttable presumption of compliance with employment verification laws. This system helps protect against the employment of unauthorized individuals and promotes a lawful workforce.
Defining an Employee
The law defines an “employee” as an individual holding a permanent position under an employer’s control or direction regarding the material details of the work. This definition clarifies the scope of the E-Verify requirement and ensures that employers are verifying the work authorization of those they have control over.
Alternative Methods of Verification
In the event that the E-Verify system is inaccessible for three business days after an employee begins working, employers are permitted to use Form I-9 to verify employment eligibility instead. Form I-9 is a paper-based verification process that employers are already familiar with. It serves as a temporary alternative when technical issues prevent access to the E-Verify system within a reasonable time frame.
Future Penalties for Non-compliance
Starting from July 1, 2024, the Department of Economic Opportunity (DEO) may impose penalties for noncompliance with the E-Verify requirement. Employers must be aware of these potential future penalties as they further underscore the importance of complying with the law.
Ensuring Compliance
It is crucial for employers in Florida to familiarize themselves closely with the requirements of the new law to ensure compliance with the E-Verify requirements. Some steps employers can take to ensure compliance include properly enrolling in E-Verify, training human resources staff on the verification process, conducting periodic internal audits, and staying updated on any changes to the law or E-Verify guidelines.
The new E-Verify requirement for private employers in Florida brings an added level of accountability to the employment verification process. By enrolling in E-Verify, employers can verify the work authorization of newly hired employees and establish compliance with employment verification laws. It is crucial for employers to understand the enrollment process, potential penalties for noncompliance, alternative methods for verification, and further penalties that may be imposed by the DEO in the future. By prioritizing compliance and taking proactive steps, Florida employers can ensure a legal and authorized workforce.