A federal court Sept. 9 denied a request to delay implementation of Executive Order 13465 and a corresponding final rule, which requires certain federal contractors and subcontractors to use the E-Verify system to prove their employees are legally authorized to work in the United States. The final rule officially went into effect on the same day.
Although ABC’s Aug. 31 appeal of the decision is still pending, federal contractors and subcontractors must now prepare to comply with the rule by enrolling in the E-Verify system.
Companies that have been using E-Verify for more than 90 days must use the system to verify all newly hired employees within three days of their start date. In addition, these companies have 90 days from the effective date of the contract to begin using E-Verify for each existing employee who is assigned to the contract.
Federal contractors that have not yet enrolled in E-Verify will be required to enroll within 30 days of being awarded a contract and will have 90 additional days to verify existing employees on the contract. Within the same 90-day period, the company must also verify all new hires.
Companies that are not federal contractors may continue to use E-Verify on a voluntary basis, as long as they are not selectively applying E-Verify to avoid detection of unauthorized workers or are not using the system to discriminate against protected workers on the basis of race, national origin, ethnicity or citizenship status.
The new E-Verify requirements are part of the Obama administration’s effort to increase enforcement of illegal hiring practices by focusing on the employers’ responsibilities when hiring new employees.
ABC members that have questions about compliance with the new rule can attend ABC’s free webinar, “
Confronting the New E-Verify Mandate for Federal Contractors,” Sept. 17 at 11 a.m. (ET). The webinar will address the scope of E-Verify as well as help attendees resolve problems with the system and recognize potential risks.
To register for the free webinar,
www.abc.org/e-verifywebinar.