Employment Law: In 2022, more mandates for e-verify

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By David J. Garrett

Special to North Carolina Construction News

Updating our list from last year, E-Verify is an electronic employment verification program through which employers may verify the eligibility of their employees to work in the United States. Although E-Verify was initially voluntary except for most federal contractors, it has become mandatory for many employers in several states.

In 2022, there was a small expansion in the E-Verify mandate requirements, as Florida and Missouri were added to the list of states with local or municipal requirements for some or all employers to use E-Verify and Texas added a special E-Verify requirement.

States that require all or most employers to use E-Verify: Alabama, Arizona, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Utah.

Public employers and/or contractors with the state:  Florida, Indiana, Missouri, Nebraska, Oklahoma, Pennsylvania, and Texas.

Public employers only: Idaho and Virginia.

States with local/municipality E-Verify requirements: Colorado (Denver), Florida (Hernando County, Bonita Springs), Michigan (Ingham County, Macomb County, Oakland County), Missouri (O’Fallon), Nebraska (Fremont), and Washington (Hoquiam, Pierce County, Woodland).

State contractors only: Colorado, Louisiana, and Minnesota.

Texas wins the 2022 award for the most interesting employer E-Verify law, requiring sexually oriented businesses to participate in E-Verify. The Texas Labor Code now requires sexually oriented businesses to register and participate in E-Verify to verify employment eligibility of all employees and independent contractors. This section also allows the Texas Workforce Commission, state attorney general or law enforcement to request proof of E-Verify if there is “good reason” to believe that a person younger than 21 is or has been employed by, or had entered into a contract to perform work or provide a service with the sexually oriented business, unless that contract is for repair, maintenance, or construction services.

Each state’s E-Verify requirements are different from those in other states, so it is important to know the E-Verify requirements of each location where your company does business. If you have any questions or would like more information on this or any other related matter, contact the Nexsen Pruet Employment and Labor Law team.

David J. Garrett is a lawyer in Nexsen Pruet’s Raleigh office. He can be reached by phone at (919) 653-7802 or by email at dgarrett@nexsenpruet.com.

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