20 May 2016 Tennessee employers of 50 or more must use E-Verify effective January 1, 2017 Recently enacted legislation will require Tennessee employers with 50 or more employees to verify a new employee's authorization to work in the US using the federal E-Verify system. (SB 1965, Chapter 828, signed by the governor on April 26, 2016.) Currently, employers of six or more employees have the option to either use E-Verify or request and retain a copy of one of 11 documents (i.e., a driver's license or birth certificate) to verify a new employee's authorization to work in the US. Under the Tennessee Lawful Employment Act (TLEA), this requirement also applies to nonemployees (i.e., independent contractors) who are paid directly by a business in exchange for the individual's labor or services. Effective January 1, 2017, the threshold for mandatory usage of E-Verify for the US work authorization of a new employee will change to 50 or more employees and the option to instead request and retain one of the 11 specified documents will be eliminated. Failure to comply with the E-Verify requirement may result in significant penalties. The Tennessee Department of Labor & Workforce Development website maintains a list of employers that have recently been penalized. The bill will also change the time period employers have to correct a finding of noncompliance under the TLEA from 60 days after receipt of an order of violation to 45 days. Employers continue to be required under federal law to verify the identity and employment eligibility of all new employees through use of federal Form I-9, which must be completed for all new hires (including US citizens) within three business days of hire. The current version of Form I-9 reflects an expiration date of March 31, 2016; however, the US Citizenship and Immigration Service advised that employers should continue to use this version of the form until an updated form is released.
Document ID: 2016-0900 | ||||||||||||||||||||
