Thursday, May 24, 2012
twitter2
 facebook2
Displaying items by tag: new hires

State law requires employers verify new hires

State law requires employers verify new hires
Employers Required to Collect Documents or Use E-Verify Database
NASHVILLE – Tennessee Department of Labor and Workforce Development Commissioner Karla Davis today announced new requirements of all employers in Tennessee to demonstrate that they are hiring and maintaining a legal workforce.
“This online verification process is designed to be convenient for employers and only takes a few minutes to complete. The department can provide assistance to employers who don’t have Internet access,” said Commissioner Davis.
Signed into law by Governor Bill Haslam on June 7, 2011, the Tennessee Lawful Employment Act requires verifying the employment eligibility of all newly hired employees through the online E-Verify program (www.uscis.gov/everify), or requesting all newly hired employees to provide one of the following identity and employment authorization documents as required:
A valid Tennessee driver's license or photo identification A valid driver's license or photo identification from another state where the license requirements are at least as strict as those in Tennessee A birth certificate issued by a U.S. state, jurisdiction or territory A U.S. government issued certified birth certificate A valid, unexpired U.S. passport A U.S. certificate of birth abroad A report of birth abroad or a citizen of the U.S. A certificate of citizenship A certificate of naturalization A U.S. citizen identification card A lawful permanent resident card
The law also requires employers to obtain and maintain a copy of one of the above listed identity/employment authorization documents for all non-employees as well. A “non-employee” is defined as any individual, other than an employee, paid directly by the employer in exchange for the individual’s labor or services.
The employment verification provisions referenced above will be phased in as follows:
All state and local government agencies must enroll and participate in E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than January 1, 2012 All private employers with 500 or more employees must enroll and participate in E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than January 1, 2012 All private employers with 200 to 499 employees must enroll and participate in E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than July 1, 2012 All private employers with six to 199 employees must register and utilize E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than July 1, 2013
The Tennessee Department of Labor does have the authority to impose penalties for non compliance. For a first violation, $500 for each employee or non-employee not verified, for a second violation, $1,000 for each employee or non-employee not verified, and $2,500 for a third violation.

The private employer must submit evidence of compliance within 60 days of the final order. If the employer fails to submit such documentation, then the commissioner has the authority to suspend the private employer's license until the employer remedies the violation.
Any lawful resident of Tennessee or any employee of a federal agency may file a complaint alleging a violation of the employment verification provisions of the Act. If there is satisfactory evidence of a violation, the Commissioner of the Tennessee Department of Labor and Workforce Development will conduct an investigation.
For more information on the Tennessee Lawful Employment Act visit http://www.tn.gov/labor-wfd/eVerify/ or contact the Labor Standards Division toll-free at 1-855-TNEBILL (1-855-863-2455).
Published in Business News
Read more...

E-Verify system for new hires becomes law

E-Verify system for new hires becomes law

Tennessee Governor Bill Haslam has signed into law legislation sponsored by State Senators Jim Tracy (R-Shelbyville), Bill Ketron (R-Murfreesboro), Jack Johnson (R-Franklin) and Representative Joe Carr (R-Murfreesboro) calling for Tennessee employers to use the “E-Verify” system to ensure that new hires are in the state legally.


"This new law helps to ensure that those working in Tennessee are here legally,” said Senator Tracy. “Illegal immigration impacts Tennesseans in many ways, including our unemployment rate, the impact on taxpayers for services and national security concerns. We must begin to address this problem and this legislation is a big step in the right direction towards that goal.”


The legislation requires businesses with over five employees to obtain a copy of a new employee’s driver’s license or utilize the E-Verify system, but provides a safe harbor for employers who use E-Verify if the worker is later found to be in the country illegally.

 

E-Verify, an Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration, allows participating employers to electronically verify the employment eligibility of their newly hired employees by entering their name and a social security number.  It is free to employers in all 50 states, including Tennessee where more than 4,000 businesses have voluntarily participated in the system.  The E-Verify system is 97.4 percent accurate.

The signing of the new Tennessee law comes after the Supreme Court ruled in May in favor of an Arizona law that requires businesses to verify the employment eligibility with E-Verify. The practical effect of the decision is to uphold the right of states to require employers to use the E-Verify program.

“There are more than 140,000 illegal immigrants in Tennessee, with over 110,000 in the state’s workforce according to conservative estimates,” added Tracy. “I am very pleased this bill has been signed into law.” ###

Published in Local News
Read more...

'E-Verify' system to help ensure new hires in state legally

'E-Verify' system to help ensure new hires in state legally
The full Senate has approved and sent to the governor legislation calling for Tennessee employers to use the “E-Verify” system to help ensure that new hires are in the state legally.  The legislation calls for businesses with over five employees to obtain a copy of his or her driver’s license or utilize the E-Verify system.  The bill provides a safe harbor for employers who use E-Verify if the worker is later found to be in the country illegally due to its accuracy in detecting illegal aliens. "This bill helps to ensure that those working in Tennessee are here legally,” said Senator Tracy.  “Illegal immigration has a large financial impact on taxpayers, not to speak of national security concerns.  We must begin to address this problem and this legislation is a big step in the right direction towards that goal.” E-Verify, an Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration, allow participating employers to electronically verify the employment eligibility of their newly hired employees by entering their name and a social security number.  It is free to employers in all 50 states, including Tennessee where more than 4,000 businesses have voluntarily participated in the system.  The E-Verify system is 97.4 percent accurate. The measure would penalize businesses for violation of the law with escalating consequences for repeated offenses.  It also provides a mechanism for small businesses without Internet access to call the Department of Labor for verification assistance.  Under the bill, businesses would keep verification records for three years after the hire or one year after termination of the person’s employment.  It does not apply to those employed before the January 1, 2012 enactment date and will be applicable in phases depending on the number of workers employed by a business. Federal contractors or subcontractors have been required to use E-verify since 2008 to determine employment eligibility of employees performing direct work.  Fifteen states, including five which are adjacent to Tennessee, require the use of E-Verify for public and/or private employers.  Another 25 states are considering similar legislation. “There are more than 140,000 illegal immigrants in Tennessee, with over 110,000 in the state’s workforce according to estimates,” added Tracy.  “I am very pleased this bill has been approved.”
Published in Local News
Read more...

Local Site Sponsors