Florida Requires Employers to Use E-Verify for Employment Eligibility

On May 10, 2023, the State of Florida enacted a new law whereby, starting July 1, 2023, a private employer with 25 or more employees must use the E-Verify system to verify a new employee’s employment eligibility. A covered employer must verify each new employee’s employment eligibility within three business days after the individual’s first day of employment.

Overview of E-Verify System

E-Verify is a federal system that allows an enrolled employer to confirm the work authorization of its employees. An employer inputs the information from an employee’s employment eligibility verification (form I-9) and the information is then compared with the records available to the Social Security Administration (SSA) and the U.S. Department of Homeland Security (DHS) to confirm that the employee has valid work authorization.

Under federal law, U.S. employers generally are encouraged, but not required to enroll in the E-Verify system. Under Florida’s new law, enrollment in E-Verify will no longer be voluntary for businesses located in Florida that have 25 or more employees.

Additional Florida-Specific Compliance Requirements

The new Florida law includes various additional state-specific compliance requirements. For instance, the law requires that an employer retain a copy of an employee’s employment eligibility documentation and any official verification generated for at least three years after the employee is hired. Also, a covered employer must certify that it complies with the E-Verify requirements when making contributions to or reimbursing Florida’s unemployment compensation or reemployment assistance system.

Conclusion

Although the E-Verify system is a federal program, states may impose additional requirements on employers for verifying an employee’s employment eligibility. Therefore, an employer must stay up to date on state policy changes to be compliant with current laws and regulations of the state in which it operates.

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