New immigration reform requirements passed by the Georgia legislature and signed into law by Gov. Nathan Deal directly affect local employers.
The 2011 Illegal Immigration Reform and Enforcement Act, also known as HB 87, created new standards and procedures for many Georgia businesses to ensure new hires are legally eligible to work in the United States.
The final implementation phase of HB 87 went into effect just last month. Starting July 1, private employers with more than 10 employees as of Jan. 1 must use the federal E-Verify program for new hires.
The federal E-Verify system confirms whether new hires are legally authorized to work in the United States based on a review of federal government databases, including the Department of Homeland Security and Social Security Administration. Although HB 87 first became effective in 2011, the final phase enabled smaller companies to have more time to comply with the law.
In addition, SB 160 also went into effect on July 1. Among its other purposes, the legislation expands the requirement of the original 2011 law that required construction and labor companies who contract with the state of Georgia and any county or municipality to sign an affidavit confirming they are in compliance with e-Verify.
As of July 1, any contractor or subcontractor who provides a service to state or local government must sign an affidavit confirming participation in the e-Verify program. Even small firms providing web design services or accounting services must comply with the law if the contract is worth $2,500 or more.
This latest legislation is designed to ensure that “public employers and contractors at every tier and level use the federal work authorization program on all projects, jobs and work resulting from any bid or contract.”
There is no small employer exclusion, which means the law applies to companies of any size engaged in contracting or subcontracting with state or local government. Employers may be audited by the state and may be subject to an enforcement action by the Georgia attorney general for not complying with the latest immigration requirements.
Why are all these immigration-related changes affecting Georgia employers? Congress has failed to reform national immigration laws, which means states have passed their own laws and regulations to address illegal immigration.
Georgia is one of a growing number of states — including Alabama, Tennessee and South Carolina — that have passed e-Verify laws in recent years, creating a patchwork of immigration laws around the country. Because requirements differ from state to state, companies that do business outside Georgia need to be sure they are in full compliance with any applicable immigration reform laws in other states.
Ultimately, Savannah-area employers should review their employment verification policies and procedures to fully comply with the latest requirements.
Consult with an employment law attorney to determine how your company can adhere to the recent HB 87 and SB 160 changes.
In today’s environment of heightened government scrutiny of employer I-9 practices, failure to adhere to required employment verification practices can expose employers to civil monetary penalties and potential criminal sanctions.
Be strategic and proactive to reduce your company’s vulnerability to penalties for non-compliance with Georgia’s latest immigration reform legislation.
Sarah Lamar is a partner at HunterMaclean’s Savannah office who focuses her practice on employment law, including immigration. She can be reached at slamar@huntermaclean.com or 912-236-0261.