Introduction to Florida E-Verify Law
The Florida E-Verify law requires certain employers to verify the employment eligibility of new hires through the E-Verify program, a federal online system that checks an individual's immigration status and work authorization.
By using E-Verify, employers can ensure compliance with federal and state immigration laws, reducing the risk of hiring unauthorized workers and facing potential penalties.
Which Employers Are Required to Use E-Verify
In Florida, all public employers, contractors, and subcontractors are required to use E-Verify to verify the employment eligibility of new hires, as well as private employers with 6 or more employees who have a contract with a public employer.
Additionally, some private employers may choose to use E-Verify voluntarily, even if they are not required to do so by law, as a way to demonstrate their commitment to hiring authorized workers.
How to Comply with the Florida E-Verify Law
To comply with the Florida E-Verify law, employers must register for the E-Verify program and verify the employment eligibility of all new hires, including U.S. citizens and non-citizens, within 3 business days of hire.
Employers must also maintain accurate records of E-Verify queries and responses, and ensure that all new hires complete a Form I-9, which is used to verify an individual's identity and work authorization.
Penalties for Non-Compliance with the Florida E-Verify Law
Employers who fail to comply with the Florida E-Verify law may face penalties, including fines and suspension or revocation of their business license.
In addition, employers who knowingly hire unauthorized workers may also face federal penalties, including fines and imprisonment, under the Immigration and Nationality Act.
Best Practices for Implementing E-Verify in the Workplace
To ensure a smooth implementation of E-Verify in the workplace, employers should provide training to HR staff and hiring managers on the E-Verify process and requirements.
Employers should also establish clear policies and procedures for verifying employment eligibility, and ensure that all new hires are aware of their rights and responsibilities under the E-Verify program.
Frequently Asked Questions
What is the purpose of the Florida E-Verify law?
The purpose of the law is to ensure that employers verify the employment eligibility of new hires, reducing the risk of hiring unauthorized workers.
Which employers are required to use E-Verify in Florida?
Public employers, contractors, and subcontractors, as well as private employers with 6 or more employees who have a contract with a public employer, are required to use E-Verify.
How do I register for the E-Verify program?
Employers can register for the E-Verify program online through the U.S. Citizenship and Immigration Services website, and must provide required information and documentation.
What are the penalties for non-compliance with the Florida E-Verify law?
Employers who fail to comply with the law may face penalties, including fines and suspension or revocation of their business license.
Can I use E-Verify for existing employees?
No, E-Verify is only required for new hires, but employers may choose to use E-Verify for existing employees who are being rehired or promoted.
How long do I need to keep E-Verify records?
Employers must maintain accurate records of E-Verify queries and responses for at least 3 years from the date of hire, or 1 year after the employee's employment is terminated, whichever is later.