Florida to require employers to use E-Verify

Florida Gov. Ron DeSantis has signed a law that will require some private employers to verify employment eligibility of new hires.

Key Points:

• Beginning July 1, 2023, employers with 25 or more employees must use the E-Verify system to check employment eligibility of newly hired employees.
• E-Verify checks must be completed within three business days of new hires’ start dates.
• Employers will be required to keep copies of employment eligibility verification documents provided by employees and any E-Verify information for at least three years.
• Currently, only public employers and private employers who are contracting with the government or receiving government funding are required to use E-Verify under Florida state law.
• Beginning July 1, 2024, employers who fail to use the E-Verify system as required could be fined up to $1,000 per day, and their licenses could be suspended or revoked.

Additional Information: E-Verify is an online tool operated by the U.S. Department of Homeland Security, which allows employers to electronically verify employment eligibility of new hires in the U.S. based on information from the Social Security Administration and DHS records. Employers who use the E-Verify system in good faith are generally presumed to have not knowingly hired unauthorized workers. More information regarding E-Verify is available here.

BAL Analysis: The new E-Verify law in Florida is expected to face legal challenges, and its impact on various aspects of employment and immigration remains uncertain. However, employers subject to the new law should be prepared to implement the E-Verify system by July 1, 2023, if the law’s implementation proceeds as scheduled.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.