Private employers must now use e-verify in onboarding process

On May 10, Gov. Ron DeSantis signed SB 1718, which, among other things, expands the requirement to use E-Verify as part of the onboarding process for new hires to all private employers with 25 or more employees. Florida previously limited its requirement of E-Verify to public employers and contractors beginning on Jan. 1, 2021. The new law’s effective date is July 1.

E-Verify is a digital verification tool used to determine employment eligibility by comparing an employee’s information (such as name, Social Security number, address and date of birth) with records held by the Social Security Administration and the Department of Homeland Security. As a result of the new law, covered employers will now be required to verify the employment eligibility for all new hires within three business days after the new hire begins working for pay by completing the Form I-9 and utilizing the E-Verify system.

If the information provided by the employee does not match with what is in the E-Verify system, the employer will be notified with a tentative nonconfirmation (TNC) result. In such a situation the employer must give the TNC notice to the employee, who then has 10 days from the issuance of the TNC to notify the employer whether they have resolved the issue. If the employee cannot resolve the issue, they are no longer eligible to continue employment.