Chamber of Commerce of the United States v. Whiting) in which justices ruled 5-3 that the state of Arizona could mandate the use of the federal E-verify system as a means of screening new hires, other states are following Arizona’s lead to mandate it’s use.
Legislation sponsored by Berkeley County Senator Larry Grooms will require South Carolina employers to use E-verify next year. In addition, three other states will also mandate E-verify usage next year: Alabama, Georgia, South Carolina and Tennessee.
South Carolina law sets some pretty tough penalties for those employers who don’t comply with the new law:
For a first occurrence by a private employer, after July 1, 2012, of failure to verify a new hire through the E-Verify federal work authorization program within three business days, the Department of LLR must place the employer on probation for a period of one year, during which time the private employer must submit quarterly reports to the agency demonstrating compliance with the law. A subsequent violation within three years of the law’s verification requirements must result in the suspension of the private employer’s licenses for at least 10 days but not more than 30 days.
A private employer who knowingly or intentionally employs an unauthorized alien must have his licenses suspended by the Department of LLR on a first occurrence for at least 10 days but not more than 30 days.
E-verify is relatively easy to use and it’s a free service. Having been the hiring person for my company, I know this firsthand. If you know anyone who works in HR who is unfamiliar with the E-verify system and has questions, let me know and I’ll be glad to help.