• E-Verify Mandated for Public Works Contractors in Pennsylvania beginning January 1, 2013
  • August 29, 2012 | Author: Silas M. Ruiz-Steele
  • Law Firm: Barley Snyder - York Office
  • Effective January 1, 2013, Pennsylvania will require certain public works contractors and their subcontractors to participate in E-Verify. E-Verify is a free, Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. Gov. Tom Corbett signed The Public Works Employment Verification Act into law on July 5, 2012.

    The law affects public works contractors and subcontractors who will work on certain projects (i.e., construction, reconstruction, demolition, alteration and/or repair work) with an estimated value of at least $25,000, which are funded partially by a public body. These contractors and subcontractors will be required to participate in the Department of Homeland Security's (DHS) E-Verify (electronic I-9 employment verification or EVP) program, which is managed by Immigration and Customs Enforcement (ICE).

    The new law requires employers to certify that they have completed E-Verify paperwork for each newly hired employee. The Pennsylvania law includes audit provisions and sanctions for failure to use E-Verify to confirm the employment eligibility of new employees. Employers who fail to submit the E-Verify certification form are subject to a written warning following the first offense. Willful violators (as determined by a court) may be debarred for up to three years. There are also monetary penalties under the state law ranging from $250 to $1000 for each violation.

    Public works contractors and subcontractors should familiarize themselves with E-Verify requirements at this time in preparation of mandatory participation in E-Verify.