Beginning October 6, 2020, employers in the construction industry in Pennsylvania will be required to use E-Verify for employment eligibility verification. The Pennsylvania Construction Industry Employee Verification Act, (“the Act”) prohibits employers from knowingly employing unauthorized individuals.
What is E-Verify?
E-Verify is an Internet-based electronic employment eligibility verification program administered by the United States Department of Homeland Security (DHS) and the United States Social Security Administration (SSA) which allows employers to verify an employee’s work authorization status. Note that E-Verify does not replace completing the Form I-9 Employment Verification Eligibility.
Who Must Comply?
Under the Act, a construction company is defined as those which engage in the “erection, reconstruction, demolition, alteration, modification, custom fabrication, building, assembling, site preparation and repair work or maintenance work done on real property or premises under a contract, including work for a public body or paid for from public funds.” The Act applies to all construction industry employers who conduct business in Pennsylvania and employ at least one employee within the commonwealth. Staffing agencies who supply workers to construction companies must also comply with the Act.
What to Expect.
- Beginning in October, the Pennsylvania Department of Labor and Industry (“DOLI”) will inspect businesses for possible violations and refer cases to the Pennsylvania Attorney General for further enforcement action if needed.
- Records of verification must be kept throughout your employees’ term of employment or for three years, whichever is longer.
- First violations will result in a warning and a requirement that all unauthorized workers be terminated. Second and subsequent violations will result in prosecution by the Attorney General’s office.
- Employers who have violated the Act two or more times may be put on probation for up to three years, and required to file quarterly reports confirming the verification of all new hires. If the employer fails to comply with the terms of probation, the employer’s license(s) to do business can be suspended until the employer complies.
- For repeat violators, the court can order a suspension of licenses to do business for at least a year and up to permanent revocation.
Start Using E-Verify Today
You do not have to wait until October to begin using E-Verify. You can become authorized to process your own employment verifications using E-Verify. Or let us take care of employment verifications for you. Corporate Payroll Services is an E-Verify Employer Agent, and we are authorized by the U.S. Citizenship and Immigration Service to verify the workforce in all 50 states.
You’ll have peace of mind knowing that you’re in compliance with the law and your business is hiring only those employees who are eligible to work in the United States.
