E-Verify is a program that helps employers check if their employees are allowed to work in the US. It was created in 1996 and is run by the US Department of Homeland Security and the Social Security Administration. It started as a voluntary program but is becoming mandatory in some places. The director of the program says they are working to make it better and it will likely be used more in the future. E-Verify is a program that helps employers check if employees can legally work in the U.S. It now includes driver’s license info from the DMV, which may lead to more checks. There’s a bill that might make E-Verify mandatory for all employers. When employers use E-Verify, they enter employee info and the program checks it with government records. If there’s a match, the employee can work. If not, the employee can contest the results or the employer can end their job. Employers need to be careful when using E-Verify to check employees’ work authorization. If there’s a problem with an employee’s status, the employer shouldn’t take any negative actions against them and should follow the rules set out in the E-Verify Memorandum of Understanding (MOU). The MOU outlines the employer’s responsibilities and they have to cooperate with the government and only use E-Verify for its intended purpose. If they don’t follow the rules, they could get in trouble. Employers who have contracts with the government or certain states have to use E-Verify to check if their employees are allowed to work in the US. They have to keep track of their accounts and can’t close them, even if they’re not being used. They also have to make sure their subcontractors are using E-Verify too. Failure to follow the rules of the MOU could result in fines from $500 to $1,000 per violation and the employer being kicked out of the program. Violating the antidiscrimination provisions of the INA could lead to even more serious consequences, including orders to stop discriminatory practices, paying back wages, and posting notices about employee rights. The government is actively investigating and punishing businesses that discriminate. For example, Farmland Foods, Inc. had to pay $290,000 for discrimination. A Farmland worker who is a U.S. citizen filed a complaint saying the company asked for extra documents to prove citizenship, but only from non-citizens. The U.S. government investigated and the company agreed not to discriminate based on citizenship status. All employers should make sure their hiring practices follow the law. Participating in E-Verify doesn’t fully protect employers from workplace investigations. The data submitted through E-Verify is monitored for potential abuse or fraud. Self-check is a program that allows people to check their own employment eligibility status against the government’s database. It’s available in some states, but employers can’t require applicants to use it. Users of E-Verify think it helps confirm workers quickly and decreases undocumented workers. They say it has improved and is easy to use.
Nonusers, or employers not required to use E-Verify, don’t see the benefit. They think it’s time-consuming and disruptive. They also worry it might lead to government audits or fines. Small business owners are especially concerned.
Some employers would support E-Verify if it got rid of the paper I-9 process, allowed for appeals, and let them check job applicants before hiring them. Before enrolling in E-Verify, an employer needs to consider things like whether the whole company or just certain locations will be enrolled, how big the company is, and what resources will be needed. They also need to think about the risks and potential impact on employees. Once all this is figured out, the employer can enroll in the program and start using it to confirm employees’ work eligibility. But, it’s important to remember that the laws around E-Verify and immigration can be confusing and might cause problems for employers and workers. “Only enforcing immigration laws without offering a way for undocumented workers to become legal will not stop the demand for workers. It could make things worse for these workers. Employers should make sure they are following the rules for checking employees’ immigration status. Workers should also make sure they have the right documents. Giselle Carson is a lawyer in Jacksonville who knows a lot about immigration law and has helped many clients with their cases.” This column was written by the Labor and Employment Law Section, with Gregory Alan Hearing as the chair and Frank E. Brown as the editor. The column is meant to educate lawyers on their duty to serve the public and improve the justice system. Imagine it as a guide for lawyers to do the right thing and help make the law better for everyone.
Source: https://www.floridabar.org/the-florida-bar-journal/raising-arizona-law-in-florida-part-ii/
Leave a Reply