As part of a potentially growing trend, a new law in Florida will require private employers with at least 25 employees to use E-Verify, the digital immigration verification tool, during their onboarding process, starting July 1.
Gov. Ron DeSantis signed SB 1718 into law on May 10. It will increase penalties for noncompliance and for employers that knowingly hire undocumented workers. Notably, if employers use the E-Verify system in good faith, whether use is mandatory or voluntary, the government will presume they have not knowingly hired unauthorized workers.
Read the article:
Florida Will Require Employers to Use E-Verify: 5 Key Takeaways
Fisher Phillips via SHRM | May 2023
Effective date: 7/1/23
Text of the measure.
E-Verify home page.
Additional Law Firm Articles
Agency Clarifies the 25-Employee Requirement
Many private employers are uncertain about the 25-employee threshold triggering the E-Verify requirement. It was unclear whether all 25+ employees had to be based in Florida, and whether out-of-state employers with at least 25 employees working remotely in Florida must comply with the new law.
Florida Agency Provides Some Guidance on State’s New Immigration Law (SB1718)
Littler | Jul 2023
Under this bill, the Florida DEO may impose penalties on a person if they knowingly employ, hire, recruit, or refer for private or public employment, an individual unauthorized to work.
How Will Florida's New Immigration Law Affect Private Employers?
Littler | May 2023
Out-of-state driver's licenses and permits issued by other states exclusively to "unauthorized immigrants" will no longer be recognized in Florida. Those individuals are further prevented from obtaining a Florida driver's license.
Florida Bill 1718: Potential Impact on Employers and Employees in Florida
Cozen | May 2023
Covered employers also are obligated to retain records of the documentation and verification generated for any newly hired employees for at least three years. Further, covered employers are prohibited from continuing to employ an individual upon learning that the employee is not authorized to work in the United States.
New Immigration Regulations Impact Florida Employers
K&L Gates | May 2023
2020 Related Development
Florida Enacts New Mandatory E-Verify Law
Jackson Lewis via SHRM | Jul 2020
Effective date: 1/1/21
Text of the measure is here.
New Florida E-Verify Requirements are in Effect for 2021
Littler | Jan 2021
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