E-Verify Legislation: A State-by-State Perspective

Similar documents
Age of Insured Discount

36 Million Without Health Insurance in 2014; Decreases in Uninsurance Between 2013 and 2014 Varied by State

Comparative Revenues and Revenue Forecasts Prepared By: Bureau of Legislative Research Fiscal Services Division State of Arkansas

STATE TAX WITHHOLDING GUIDELINES

ACORD Forms Updated in AMS R1

medicaid a n d t h e How will the Medicaid Expansion for Adults Impact Eligibility and Coverage? Key Findings in Brief

NCSL Midwest States Fiscal Leaders Forum. March 10, 2017

ACORD Forms in ebixasp (03/2004)

Installment Loans CHARTS. No cap other than unconscionability:

Household Income for States: 2010 and 2011

MINIMUM WAGE INCREASE GUIDE

MINIMUM WAGE INCREASE GUIDE

Health Insurance Price Index for October-December February 2014

NASRA Issue Brief: Employee Contributions to Public Pension Plans

American Memorial Contract

PRODUCER ANNUITY SUITABILITY TRAINING REQUIREMENTS BY STATE As of September 11, 2017

IMPORTANT TAX INFORMATION

Non-Financial Change Form

Final Paycheck Laws by State

COMPARISON OF ABA MODEL RULE FOR REGISTRATION OF IN-HOUSE COUNSEL WITH STATE VERSIONS

Required Minimum Distribution Election Form for IRA s, 403(b)/TSA and other Qualified Plans

2017 WORKBOOK. Mandatory LTC Training

State, Local and Net Tuition Revenue Supporting General Operating Expenses of Higher Education, U.S., Fiscal Year 2010, Current (unadjusted) Dollars

Update: 50-State Survey of Retiree Health Care Liabilities Most recent data show changes to benefits, funding policies could help manage rising costs

Highlights. Percent of States with a Decrease in MH Expenditures from Prior Year: FY2001 to 2010

LIFE AND ACCIDENT AND HEALTH

STATE MOTOR FUEL TAX INCREASES:

Systematic Distribution Form

kaiser medicaid and the uninsured commission on The Cost and Coverage Implications of the ACA Medicaid Expansion: National and State-by-State Analysis

Long-Term Care Partnership Overview & Training Requirements Guide

Data Note: What if Per Enrollee Medicaid Spending Growth Had Been Limited to CPI-M from ?

Long-Term Care Partnership Overview & Training Requirements Guide

TThe Supplemental Nutrition Assistance

Financing Unemployment Benefits in Today s Tough Economic Times

DC Contributions to the DC College Savings Plan of up to $4,000 per year by an individual, and up to $8,000 per year by married taxpayers who each mak

BY THE NUMBERS 2016: Another Lackluster Year for State Tax Revenue

Insufficient and Negative Equity

2016 Workers compensation premium index rates

STATE MOTOR FUEL TAX INCREASES:

The Acquisition of Regions Insurance Group. April 6, 2018

Older consumers and student loan debt by state

Whirlwind Review of New State Tax Laws

FISCAL YEAR 2016 AT A GLANCE Number of Authorized Firms

Financial Transaction Form for IRA and Non-Qualified Contracts Only

Presented by: Matt Turkstra

Annual Compliance Questionnaire. Sample

Florida 1/1/2016 Workers Compensation Rate Filing

University of Wisconsin System SFS Business Process AP /1042s/Tax Bolt-On

Motor Vehicle Financial Responsibility Forms

Committee on Ways and Means Democrats

Bad Debts: How Contractual Terms and Sales Tax Intersect IPT Annual Conference Charlotte, North Carolina

Medicaid & CHIP: February 2014 Monthly Applications, Eligibility Determinations, and Enrollment Report April 4, 2014

Motor Vehicle Financial Responsibility Forms

Health and Health Coverage in the South: A Data Update

Aviva Announcing Changes to Products and Annuity Rates

Long-Term Care Education Requirements Prior to Selling

May Complaint snapshot: Debt collection

SBA s Disaster Assistance Program

How is the Affordable Care Act Leading to Changes in Medicaid Today? State Adoption of Five New Options

UNIFORM SALES & USE TAX CERTIFICATE

Cost and Coverage Implications of the ACA Medicaid Expansion: National and State by State Analysis

Current Trends in the Medicaid RFP Procurement Landscape

National Employment Law Project UNEMPLOYMENT INSURANCE FINANCING: STATE TRUST FUNDS IN RECESSION AS OF SEPTEMBER 30, 2008

Health Coverage for the Black Population Today and Under the Affordable Care Act

Long-Term Care Education Requirements Prior to Selling

Quality & Nondestructive Testing Industry. Salary Survey Your Path to the Perfect Job Starts Here.

Local Anesthesia Administration by Dental Hygienists State Chart

The Lincoln National Life Insurance Company Term Portfolio

FOCUS. Health Reform. Health Insurance Market Reforms: Rate Review DECEMBER Overview. What is rate review?

Streamlined Sales Tax Governing Board and Business Advisory Council Update

Charts with Analysis: Tax Tax Type: Sales and Use Tax Topic: Cash for Clunkers Payments

TCJA and the States Responding to SALT Limits

Marilyn Tavenner, CMS Administrator Don Moulds, Acting Assistant Secretary for Planning and Evaluation

New Agent Welcome Kit

Frequency and Severity Results by State

State Retiree Health Care Liabilities: An Update Increased obligations in 2015 mirrored rise in overall health care costs

Medicaid in an Era of Change: Findings from the Annual Kaiser 50 State Medicaid Budget Survey

State Tax Chart Results

Taxing Investment Income in the States New Hampshire Fiscal Policy Institute 2 nd Annual Budget and Policy Conference Concord, NH January 23, 2015

Application Trade Credit Insurance Multi Buyer

The 2019 National Multistate Tax Symposium State tax reboot The age of Multistate. February 6-8, 2019

State Postal Abbreviation Codes

Impact of Federal Reform on State Corporate Income Tax Base & the Best and Worst of Sales Tax Administration Focus on New Mexico

Percent Corporate Dividend Received Deduction. Per Share Long-Term Capital Gain Distribution

WELLCARE WINS BID IN EVERY REGION FOR 2007 AND INTRODUCES CLASSIC PLAN WITH LOWER PLAN PREMIUMS

Form W-4 for 2015: Best Practices and Compliance Requirements

NASRA Issue Brief: Public Pension Plan Investment Return Assumptions

Add-Back Statutes: Where Do We Go From Here?

Unemployment Insurance Benefit Adequacy: How many? How much? How Long?

Corporate Income Tax and Policy Considerations

The Puzzling Decline in State Sales Tax Collections

SURVEY OF STATE FUNDING FOR PUBLIC TRANSPORTATION

NSPE Membership Report to the NSPE House of Delegates

ehealth, Inc Fall Cost Report for Individual and Family Policyholders

Overpayments: How Do I Handle? Overpayments Happen! How Overpayments Happen API Fund for Payroll Education, Inc.

State Budget Cuts Presentation to the Pennsylvania Senate Government Management & Cost Study Commission March 22,2010

JH Insurance Licensing Guide

Regulatory and Legislative Trends Workshop

State Treatment of Social Security Treatment of Pension Income Other Income Tax Breaks Property Tax Breaks

State Trust Fund Solvency

Transcription:

www.gtlaw.com E-Verify Legislation: A State-by-State Perspective WA OR NV CA ID AZ UT MT WY CO NM ND SD NE KS OK TX MN WI IA IL MO AR MS LA NY MI PA IN OH WV VA KY NC TN SC AL GA ME VT NH MA RI CT NJ DE MD AK FL HI ALL OR MOST EMPLOYERS REQUIREMENT RESCINDED OR EXPIRED NO STATE-WIDE E-VERIFY REQUIREMENT The E-Verify Employment Eligibility Verification Program is an Internet-based system that allows employers to verify the employment authorization status of newly hired and, in the case of federal contractors, existing Jointly administered by the U.S. Citizenship and Immigration Services (USCIS) and the Social Security Administration (SSA), E-Verify compares the data provided on an employee s Form I-9, Employment Eligibility Verification Form, to government records in order to help employers determine if a new hire is eligible to work in the United States. Although the use of E-Verify is not currently mandatory nationwide, numerous states and municipalities have passed legislation requiring its use for some or all employers. To help employers navigate the patchwork of E-Verify laws across the country, Greenberg Traurig has developed this map and corresponding chart.

Alabama April 1, 2012 January 1, 2012 All Alabama employers and state/public contractors. Alabama Albertville Alabama Decatur Alabama Huntsville n/a December 1, 2008 All contractors, subcontractors and suppliers for the City of Albertville with three or more employees who have City contracts valued in excess of $100,000 in any 12-month period. June 1, 2009 June 1, 2009 All employers doing business in the City of Decatur. (Resolution also allows for "other acceptable verification.") n/a January 1, 2010 All contractors for the City of Huntsville with contracts valued at $15,000 or higher. If a contractor uses one or more subcontractors in connection with the performance of a contract, the contractor shall include a subcontractor compliance requirement in all subcontracts valued at $3,000.00 or more. Arizona January 1, 2008; as amended September 30, 2008 January 1, 2008; as amended September 30, 2008 All Arizona employers California n/a n/a AB 1236 - In October, 2011, Gov. Jerry Brown signed into law AB1236, which prohibits municipalities from enacting or maintaining mandatory E-Verify ordinances. The measure voided a number of ordinances already on the books. Colorado n/a August 7, 2006; as amended May 13, 2008 State agency or political subdivision contractors for the state of Colorado. (Legislation permits a choice between E-Verify and a state verification program administered by the Department of Labor and Employment.) Colorado Denver n/a October 1, 2010 Public Contractors with the City of Denver or those who have a contract or a purchase authorization with the City of Denver for the construction, alteration, improvement, repair, maintenance, or demolition of any public building or public work for or on behalf of Denver. Florida n/a May 27, 2011 All Florida state agencies under the direction of the Governor; agencies not under the direction of the Governor are encouraged to use E-Verify and to include as a condition of all contracts for the provision of goods and services to the state or a subdivision in excess of nominal value, a requirement that contractors and subcontractors utilize E-Verify. Florida Bonita Springs n/a June 1, 2009 All vendors or contractors for the City of Bonita Springs must use E-Verify for all employees hired during the contract term by the contractor and assigned by the contractor to perform work for Bonita Springs. Contracts worth less than $5,000 and single-performance contracts performed in less than 30 days are exempt.

Florida Hernando County n/a May 11, 2011 All contractors and subcontractors for Hernando County must use E-Verify for all new Georgia Private employer phase-in: January 1, 2012: 500 or more employees; July 1, 2012: 100 or more employees; July 1, 2013: more than 10 but less than 100 ( with 10 or fewer employees are exempt). July 1, 2011 All public employers and contractors and subcontractors for Georgia. Also applies to contractors providing services of any kind, not including attorneys. Affidavits must be completed by contractors. Private employers with more than 10 Georgia Cherokee County n/a January 1, 2007 All contractors and subcontractors who enter into a contract for the physical performance of services with the state of Georgia during the last 12 months for employees working on a contract. Idaho n/a July 1, 2009 All state agencies. Illinois n/a n/a HB 1774/HB 1743/SB 1133 - HB 1744 barred Illinois companies from enrolling in E-Verify pending the resolution of accuracy and timeliness issues. A court case invalidated the bar and led to the enactment of HB 1743, which allows companies to use E-Verify but creates privacy and antidiscrimination protections for workers when employers violate E-Verify procedures. Illinois also enacted SB 1133, which prohibits the state or localities from requiring employers to use E-Verify. Indiana 2011 2011 SB 590 - Passed in 2011, SB 590 requires state and local government agencies and contractors to use E-Verify. The bill also creates a state tax credit incentive for private employers to use E-Verify. Kansas n/a 2011 Executive Order by the Office of the Secretary of State which has used E-Verify -- and has required all contractors with that office to use E-Verify -- since 2011. But the rest of Kansas state government has declined to follow Louisiana January 1, 2012 January 1, 2012 All Louisiana private contractors seeking a public contract to provide services to a state or local public entity (applies to contracts entered into on or after January 1, 2012). In addition, all private employers must either use E-Verify or retain copies of certain identity and work authorization documents. Michigan Ingham County Michigan Macomb County n/a February 1, 2013 Voluntary enrollment by the County for all new n/a September 1, 2009 All County employers, contractors and vendors entering into contracts over $20,000 a year with Macomb County.

Michigan Oakland County n/a September 8, 2009 All contractors and vendors for Oakland County must use E-Verify for all new Also applies to all employees for the County hired after September 8, 2009. Minnesota n/a July 20, 2011 All state contractors, subcontractors and vendors for Minnesota. Applies to any state contract in excess of $50,000 (contractors must provide certification of enrollment in E-Verify). Does not apply to contracts entered into by the State Board of Investment. Mississippi July 1, 2008: public employers, public contractors and subcontractors, and private employers with 250+ employees; July 1, 2009: private employers with 100-250 employees; July 1, 2010: private employers with 30-99 employees; July 1, 2011: all private employers. July 1, 2008 All Mississippi employers. Missouri n/a January 1, 2009 All public employers and any business with a state contract or grant in excess of $5,000. Also applies to any business receiving a state-administered or subsidized tax credit, tax abatement, or loan from Missouri. Missouri O'Fallon n/a September 8, 2011 All public employers and any business with a City contract or grant in excess of $5,000. Also applies to any business receiving state-administered or subsidized tax credit, tax abatement or loan from the Missouri. Missouri Springfield February 7, 2012. *Unanimously overturned in December 2012 by Springfield s City Council after the outcome of a lawsuit challenging the ordinance s constitutionality. Local businesses in Springfield, Missouri are no longer required to use E-Verify. Law requiring E-Verify invalidated due to legal settlement. February 7, 2012. *Unanimously overturned in December 2012 by Springfield s City Council after the outcome of a lawsuit challenging the ordinance s constitutionality. Local businesses in Springfield, Missouri are no longer required to use E-Verify. Law requiring E-Verify invalidated due to legal settlement. Every Business entity that applies for a business license or permit to engage in any type of Work in the City shall sign an affidavit affirming that they have enrolled in the E-Verify Program. All new hires must be run through E-Verify as a condition of employment. Nebraska n/a October 1, 2009 All public employers, contractors for public projects, and businesses qualifying for Nebraska tax incentive programs. Also applies to private employers receiving state economic incentives or doing contract work for Nebraska.

Nebraska Fremont March 5, 2012 - E-Verify Provisions of City Ordinance affirmed by U.S. District Court Judge. Previously suspended during litigation. March 5, 2012 - E-Verify Provisions of City Ordinance affirmed by U.S. District Court Judge. Previously suspended during litigation. All employers doing business in the City of Fremont (does not include independent contractors). All business entities performing within the City of Fremont must enroll by March 4, 2012. New York Suffern Village n/a August 11, 2008 Any new village contractors must use E-Verify for new North October 1, 2012: 500 or more employees; January 1, 2013: 100 or more employees but less than 500 employees; July 1, 2013: 25 or employees but less than 100 Applies to all state agencies, offices, and universities for employees hired as of January 1, 2007, except for employees of local education agencies hired as of March 1, 2007. All public employers and private employers with 25 or more North North Alamance County Please see above. August 4, 2013 Contractors and subcontractors who enter into a contract with a North county, city, state, or board agency. Employees of private employers who are employed for less than 9 months are exempt. Please see above. February 1, 2010 Contractors and subcontractors must use E-Verify for all new Oklahoma Please see at right for provisions applicable to private employers with government contracts. November 1, 2007 for public employers; July 1, 2008 for state contractors. All public employers, state contractors and subcontractors, state and local government agencies, and private employers with government contracts. Oregon Columbia County February 2, 2009. *E-Verify Ballot Measure overturned by County judge in April 2009.* February 2, 2009. *E-Verify Ballot Measure overturned by County judge in April 2009.* All employers in Columbia County. Pennsylvania n/a January 1, 2013 All public works state contractors and subcontractors involved in projects with an estimated total cost that is in excess of $25,000. Pennsylvania Allegheny County South n/a July 14, 2011 All contractors working on contracts subsidized by Allegheny County. January 1, 2012 January 1, 2012 All South employers. Tennessee January 1, 2017 January 1, 2017 HB 1378/SB 1965 - Passed in 2011, HB 1378 requires all public and private employers with more than 6 employees to either use E-Verify or check and retain acceptable work authorization documents. On April 21, 2016, the Governor signed into law SB 1965, which requires mandatory E-Verify use for all employers with 50 or more employees effective January 1, 2017.

Texas September 1, 2015 September 1, 2015 Executive Order/SB 374 - In Dec. 2014, Texas Governor Rick Perry issued RP-80, which requires E-Verify use by state agencies and contractors, at least with respect to those employees assigned to the contract. In 2015 Texas enacted SB 374, which requires state agencies and institutions of higher education to use E-Verify as of September 1, 2015. The law did not require state contractors to enroll but the Attorney General issued a subsequent finding that it does not negate the related requirement under Gov. Perry s executive order. Utah July 1, 2010 July 1, 2009 All public entities/contractors for Utah and private employers with 15 or more Private employers with employees working pursuant to H-2A and H-2B visas are exempt. Utah Salt Lake County Utah St. George Utah County March 7, 2012 March 7, 2012 Applicants for business licenses in unincorporated Salt Lake County must provide written assurance that they have used E-Verify. n/a December 1, 2007 All public employers and contractors and subcontractors for the City of St. George. The City has used E-Verify for all City employees since January 2008. December 17, 2011 December 17, 2011 All businesses in the unincorporated areas of County. Virginia n/a December 1, 2013 (if certain contracting conditions apply) State contractors with more than 50 employees working in the Commonwealth of Virginia for the 12 months previous to entering into a contract with any state agency in excess of $50,000. State agencies must use E-Verify for all new employees performing work in the state. Virginia Prince William County Clark County Cowlitz County Hoquiam Kennewick Lakewood n/a March 3, 2009 All public employers and contractors for Prince William County. n/a September 24, 2009 All contractors for Clark County with contracts equal to or more than $1 million. n/a October 25, 2011 Current contractors and any employer competing for a County contract. n/a January 28, 2013 All City public works contracts must use E-Verify for all new n/a January 17, 2012 All contractors and vendors for general service contracts and public works contracts with the City of Kennewick. n/a July 1, 2009 All public employers and contractors for the City of Lakewood for the term of the contract.

Lewis County Pierce County Whatcom County n/a June 22, 2010 All contractors and subcontractors for Lewis County with contracts worth over $100,000. n/a March 1, 2010 All contractors and business entities contracting with Pierce County for road or other County public works contracts worth more than$100,000 or any other contract in excess of $25,000. n/a July 1, 2010 All public employees and contractors doing business with Whatcom County if the contract value exceeds $100,000, is longer than 120 days, and is not subject to certain enumerated exceptions. County of Yakima n/a June 8, 2011. *Overturned by Yakima County commissioners in favor of existing Social Securitybased verification system. All City employees, as well as City contractors and subcontractors, must use E-Verify for all new Greenberg Traurig is a service mark and trade name of Greenberg Traurig, LLP and Greenberg Traurig, P.A. 2018 Greenberg Traurig, LLP. Attorneys at Law. All rights reserved. 31219-0818