Florida's new E-Verify law: hidden surprise for private employers

When Section 448.095 of the Florida Statutes took effect on January 1, 2021, much of the attention was focused on the requirement for public employers, contractors, and subcontractors to enroll in and use the federal government's E-Verify system. Significantly, the statute also imposes an obligation on private employers that goes beyond the federal regulations governing the Form I-9 process.

E-Verify requirement

Every public employer, contractor, and subcontractor must now register with and use E-Verify to affirm the work authorization of all newly hired employees. A "contractor" is a person or entity that has entered (or is attempting to enter) into a contract with a public employer to provide labor, supplies, or services to the public entity in exchange for salary, wages, or other remuneration. A "public employer" includes any state, regional, county, local, or municipal government, public school, community college, or state university.

Effective January 1, private employers must now verify the employment authorization of any newly hired employee. The employer must verify employment eligibility by either (1) using the E-Verify system or (2) requiring the person to provide the same documentation required by the Form I-9 process and retain a copy of the information for three years.

How state statute differs from Form I-9 rules