Florida Mandates E-Verify

Hiring in the sunshine state? It’s likely that your business may be subject to a new law requiring the use of E-Verify to verify employment eligibility of newly hired employees. Let’s look at this closer.

The Florida Legislature passed a bill (SB 1718) that, if enacted, would require private employers with 25 or more employees to verify employment eligibility of new hires through the system E-Verify. Governor Ron DeSantis is expected to sign the bill into law, and if so, beginning July 1st, 2023, your hiring process may need to change to avoid hefty fines; businesses that do not comply face fines up to $1,000 per day until the noncompliance is resolved.

Not familiar with E-Verify? E-Verify is available online and operated by the US Department of Homeland Security (DHS) to verify employment eligibility for participating employers. This process should be completed a single time after an offer of employment has been made and accepted, but no later than the third business day after the employee starts paid work. The information, unless Final Non-Confirmation, must not impact the employer’s hiring decision.

This new law would not apply to existing employees that were hired prior to the law being enacted, nor would it apply to independent contractors. However, employee leasing companies (staffing agencies) would be responsible for the E-Verify compliance process unless otherwise stated in a written contract that their client companies signed and agreed to be responsible for themselves.

Are you already running E-Verify or will this new law change your hiring practices?

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