In 2020, a new law was enacted in Florida and would take effect on January 1, 2021. The law required public and private sector employers to comply with Florida’s new E fully- Verify mandates. It uses a web-based E-Verify system which the Department of Homeland Security regulated. A mandatory law for both government and public employers. The employers within the State of Florida need to be aware of all the changes made in their hiring procedures.
Employers affected by the new laws.
According to this law, every public employer, contractor, and even subcontractor in Florida has to ensure they enroll and use the E- Verify system. The system will help verify identity and confirm that all employees are eligible. For clarity purposes, a contractor is any entity or person who has entered or would attempt to enter into a binding contract with a public employer. This is either to render services and provide labor and supplies to the public employer in exchange for remuneration or salary. On the other hand, a public employer is any state, county, regional or municipal government, schools, community college and state university.
The law further stipulates that no public-contract be entered without a verified E-Verify certificate. Suppose you are working as a subcontractor within a public contract. In that case, you should provide an affidavit within the contract period stating that they will not employ or subcontract with aliens not authorized. The same applies to all public projects undertaken. The law also requires that if another party to the contract employees an unauthorized person not enrolled with the E- Verify system, the contract should be terminated.
Private employers are affected by the law.
Private employers are not directly affected by the law. They are not required have the E-Verify system unless they are working with a public employer or apply for taxpayer-funded incentives via the state Department of Economic Opportunity. The private employers must complete and maintain 1-9 Employment Eligibility Verification forms for the duration of employment or at least one year from the date the employee was terminated.
A private employer who does not use E- Verify must maintain all the copies of documents used to complete Form 1-9 for three years.
Fort Lauderdale lawyers are affected by requirements.
Employment lawyers affected by E- Verify requirements have a role to play too. Fort Lauderdale is an employment firm that provides legal assistance in labor and employment areas. Employee-employer agreements and other vital issues will always need legal expertise. This is why Fort Lauderdale is here to help the parties involved understand current employment laws and fight to seek compensation in violation of agreements.
Other than employees, affected employers should reach out to employment lawyers to seek counsel when implementing this new law. The lawyers help audit their record-keeping procedures and ensure that everything complies with the E- Verify system laws. Failure to comply with the requirements could lead to termination of business contracts and suspension of licenses.
All employers and employees should be ready to comply with the new law using the E- Verify system in Florida. All the affected employers will need to make effective changes in their hiring processes. They should also look into their internal practices to ensure that everything complies with the new law.
Contact us
For more information and legal representation on cases regarding employment laws, you can trust Mark J. Berkowitz, Fort Lauderdale Employment Attorney. Contact us through our email address labor@markjberkowitz.com or telephone at (954) 527-0570