Are you a Tennessee employer with over 50 employees?
If so, beginning January 1, 2017, Tennessee will require that your business use the E-Verify system in order to verify the citizenship and work authorization status of your workers. E-Verify is an Internet-based system that compares information from an employee’s Form I-9, Employment Eligibility Verification, to data from the U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility in the United States.
Under the Tennessee Lawful Employment Act (“TLEA”), employers with 6 to 49 employees will still have the choice of enrolling in E-Verify OR requesting employees and non-employees to provide one of the eleven identity and employment authorization documents provided by the state of Tennessee.
Tennessee businesses with over 50 employees that fail to use the mandated E-Verify system will be faced with a $500 penalty plus $500 per employee (or non employee) that is not verified or does not maintain a copy of appropriate documentation. Depending on the number of offenses, the penalties increase to a $2,500 penalty plus $2,500 per employee, etc.
The TLEA allows first time violators to receive a warning, granted that they fix the problem within 45 days. If the problem is not resolved, the penalties will start to accrue. There are civil penalties for further non-compliance of $500 each day the employer fails to enroll and use the E-Verify system.
If you need help understanding and complying with the E-Verify requirements, please reach out to HR Designs. Our HR Consultants can help you prevent frustrating and preventable fines.