Pennsylvania joins a growing number of states which are mandating the use of the federal E-Verify service for screening new hires for eligibility to work in the United States.
Signed into law earlier this week, the Pennsylvania law applies to companies which do business with state government, but doesn't apply to other businesses. The new law would require them to subscribe to the service and begin running new hires through the system no later than January 1 of next year, giving them several months to learn the system.
It's worth noting that E-Verify rules require that all new hires be run. Selectively running new hires or even checking out applicants who have not been hired is not allowed. All or nothing.
- For a first violation, a public works contractor or subcontractor will receive a warning letter detailing the violation that shall be posted on the Department of General Services of the Commonwealth of Pennsylvania Internet website.
- For a second violation, a public works contractor or subcontractor shall be debarred from public work for 30 days.
- For a third violation and subsequent violations, a public works contractor or subcontractor shall be debarred from public work for not less than 180 days and not more than one year.
- If the public works contractor or subcontractor is found to have engaged in a willful violation, that public works contractor or subcontractor will be debarred from public work for a period of three years.
If you're not on E-Verify, you should. If you're not in a state which requires it, chances are good your state - or federal law - will eventually mandate it, so look into it.