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SMALL BUSINESS NEWS

15 January 2012

 

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Are You Breaking The Law?

Many small business owners may be breaking the law and don’t know it. 

Illegal immigration has been a part of the national discussion for some time and will continue to be so for some time to come.  Due to the lack of action on the part of the federal government, states have begun to deal with the issue of illegal immigration and hiring by requiring businesses to enroll in the federal government’s E-Verify system.

The E-Verify system is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States.  It is run by the Department of Homeland Security.  It compares information from an employee's Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility.

Participation in E-Verify is voluntary for most businesses.  Some companies may be required by state law, municipality ordnances or federal regulation to use E-Verify.

On September 8, 2009 the Department of Homeland Security began requiring certain federal contractors, through language inserted into their contract, to begin using E-Verify to verify their new and existing employees.

Currently there are 9 states with state wide laws requiring businesses to enrollment in the E-Verify system.  These states are Alabama, Arizona, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Utah and Virginia.

There are 22 states with state wide or municipal that requires employers to enroll in E-Verify if they wish to do business with the state or local government agencies.

Businesses could be fine anywhere from $100 - $25,000 for failure to comply with E-Verify requirements.  Fines are applied per individual violations.  Other penalties include suspension of removal of business license.

While many states have laws that have gone into effect some states laws go into effect beginning this year.  They include:  Alabama, North Carolina, South Carolina, Tennessee, and Georgia.

For more details on the E-Verify program visit the The Small Business Zone website at www.s-b-z.com and click on the “Human Resource” link.

Sources:
Department of Homeland Security
Wiki
LawLogix

By Bill Williams

 

 

 

 

 

 
 

 

  
 

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