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Florida’s E-Verify requirements in 2021

by | May 24, 2021 | Employment Law

Employers in Florida understand that they need to comply with federal and state employment laws and that these laws are always changing. Florida recently enacted a law requiring employers to use E-Verify.

E-Verify is an internet-based system run by the Department of Homeland Security and the Social Security Administration that allows employers to electronically verify the work status of a potential employee. Federal and Florida law prohibits the hiring of anyone who is not authorized to work in the U.S. As of January 1, 2021, all employers in Florida are required to use the E-Verify system.

Public employers

Every public employer, contractor or subcontractor must use the E-Verify system to verify work authorization status of all newly hired individuals. No public contract can be entered into until each party to the contract registers and uses the E-Verify system.

Private employers

A private employer must verify the person’s employment eligibility by either using the E-Verify system or requiring the person to provide paperwork verifying their eligibility to work. Private employers using the I-9 documentation option must keep a copy of the paperwork for at least three years after the initial hire.

Florida employers who are not in compliance with this law can lose their businesses license or have it suspended. An attorney who specializes in employment law can help their client create record keeping procedures and best practices for compliance with the E-Verify requirements. They understand the importance of their client’s compliance with state and federal laws to make sure their business runs smoothly and that contracts are legitimate and legal.