Employment Verification
■ Beginning July 1 , 2023 , a private employer with 25 or more employees MUST use the E-Verify system to verify a NEW employee ’ s work eligibility within three ( 3 ) business days from the first day the employee works for pay ( Lines 395-398 ).
■ An employer must verify each new employee ’ s employment eligibility within 3 business days after the first day that new employee begins working for pay as required under 8 C . F . R . s . 274 ( a ).
■ Each employer required to use the E-Verify system must certify on its first return each calendar year to the tax service provider that it is in compliance with the law when making contributions to or reimbursing the state ’ s unemployment compensation or reemployment assistance system .
● If the E-Verify system is unavailable for use for three ( 3 ) business days after the first day the employee begins working for pay , and the employer cannot access the system , the employer may use the Employment Eligibility Verification I-9 Form ( Lines 407-412 ).
◆ If the employer uses the I-9 Form because the E-Verify system is not working , the employer must keep a screenshot from each day the system is down , a public announcement the E-Verify system is down , or any other communication or notice recorded by the employer / company documenting the system is down ( Line 414-420 ).
◆ The employer must also keep a copy of whatever recording information used to indicate E-Verify was down for at least a minimum of THREE YEARS ( Lines 421-423 ).
● If an employer finds out an employee ’ s immigration status has changed or finds out after the employee was hired that the employee is not eligible (“ unauthorized alien ”) to work in the United States , the employer MUST NOT continue to employee the unauthorized employee ( Lines 424- 426 ).
Who Can Request Documentation of the Employer ’ s Records ? ( Lines 437-453 )
■ The Florida Department of Law Enforcement
■ The Florida Attorney General
■ The state attorney in the circuit where the new employee works
■ The statewide prosecutor
■ The Department of Economic Opportunity 3 ( Commerce )
● Any person or agency making a request for information must rely on the federal government ’ s determination of the employee ’ s eligibility for authorized employment .
Rebuttable Presumption of Complying with s . 448.09 , Florida Statutes .
If an employer uses the E-Verify system , or the I-9 Form if E-Verify is not available , and / or uses the same documentation as required by the I-9 Form , the employer has established a rebuttable presumption ( assumes something to be true unless otherwise proven ) in which the employer has complied with the law ( Lines 454-460 ).
Exemptions to using E-Verify
You do not have to use E-Verify system if the federal government fails to fund the
MAY 2023 • DITCHMEN 7