Public Works Contractors Now Required to Use Federal E-Verify System

Public Works Contractors Now Required to Use Federal E-Verify System

Pursuant to the Public Works Employment Verification Act (Senate Bill 637), as of January 1, 2013, all contractors and subcontractors on every public works project, including any state, county, municipal or school project, are required to verify employability through the federal government’s online E-Verify system, an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. Under the new law, before being awarded a public works contract, a contractor will be required to provide the public body/owner with a verification form acknowledging its responsibilities in relation to verification of employment eligibility through the E-Verify Program. Subcontractors on the project must also provide a verification form prior to commencing work on the project.

In order to ensure compliance, the Secretary of the Department of General Services will conduct complaint-based and random audits of public works contractors and subcontractors. Penalties for violations of this Act range from public warning letters, to various periods of debarment depending on the number of violations, to civil penalties.