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Tuesday, January 11, 2011

Florida Governor Signs Executive Order Mandating State Contractors use E-Verify























Alabama@Work
By: Tommy Eden, Attorney

Immediately after being sworn-in as Florida’s 45th governor, Gov. Rick Scott fulfilled campaign promises by signing an executive order to require state agencies to verify legal immigration status using E-Verify the federal government's Internet-based program for verifying employment eligibility.

Florida Executive Order No. 11-02 requires state agencies to use the E-Verify system to verify employment eligibility of state employees and contractors.
• All state agencies under the direction of the Governor must use E-Verify system to check employment eligibility of their current and prospective employees.
• Requires state agencies under the direction of the Governor to include in all state contracts a requirement that contractors utilize the E-Verify system to verify the employment eligibility of:
o all persons employed during the contract term by the contractor to perform employment duties within Florida; and
o all persons (including subcontractors) assigned by the contractor to perform work pursuant to the contract with the state agency.
Download Copy: http://www.flgov.com/wp-content/uploads/2011/01/scott.eo_.two_.pdf

Federal Government Already Mandates for Federal Contractors: In January 2009 the US General Services Administration initiated a “Mass Modification” of all Federal Contracts incorporating the E-Verify requirement. The modification incorporates Federal Acquisition Regulation (FAR) 52.222-54, Employment Eligibility Verification (Jan 2009), into all GSA/FSS contracts, unless certain exceptions apply under FAR 22.1803. Employers who fell under these contracts must now verify the employment authorization of new employees and certain categories of existing employees unless they fall under an exemption or risk fines or debarment. Employment Eligibility Verification, or E-Verify, requires federal contractors to electronically verify the employment eligibility of employees working on federal contracts in the United States.

Practical Counsel:

• Enroll in E-Verify at https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES• Even if you are not a federal contractor (it is an employer’s only get out of jail card with Immigration Compliance and Enforcement (ICE);
• Schedule I-9 Supervisor Training because the E-Verify system is only as good as the information collected on your I-9 forms;
• Put an E-Verify policy in your employee handbook; and
• Make sure you are using the latest version of Form 1-9.


Tommy Eden is a Lee County native, an attorney with the local office of Constangy, Brooks & Smith, LLP and a member of the ABA Section of Labor and Employment Law and serves on the Board of Directors for the East Alabama SHRM Chapter. He can be contacted at teden@constangy.com or 334-246-2901. Blog at www.alabamaatwork.com