E-Verify Now Required by Temecula City

Virtual Outsourcing Solutions Newsletter

Issue: # 8

August 2010

Greetings!

Employee laws are changing and becoming more complex. Not only do you need to comply with Federal and State codes, you must also be aware of and comply with county and city mandates as well. This month's newsletter is focused on the new requirements of the E-verify system, which many states and locales are using to help prevent employers from hiring illegal workers. It can be fascinating stuff!

Temecula City Unanimous on Requiring E-Verify

All Employers in Temecula Must Now Use It

Members of Temecula City Council voted unanimously on July 13 to require all city businesses to use the E-Verify system when hiring new employees.

E-Verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States by comparing information from an employee's I-9 form with data from the US Department of Homeland Security and the Social Security Administration to confirm employment eligibility. This Federal program is usually voluntary unless required by a specific state or city. Temecula has voted to make it mandatory and employers who don't comply can risk losing their licenses.

The Immigration Reform and Control Act (IRCA) of 1986 prohibits employers from knowingly hiring illegal workers. To comply with this law, employers must collect information regarding an employee's identity and employment eligibility and document that information on Form I-9. An employee must provide certain information on the form, such as name and date of birth, as well as present supporting documents. E-verify is designed to augment the I-9 and provide nearly instant confirmation of an employee's eligibility status. Of course, using E-Verify requires you to register your business with the US Department of Homeland Security.

In 1997, the INS, in conjunction with the Social Security Administration (SSA), implemented the Basic Pilot Program in California, Florida, Illinois, Nebraska, New York and Texas. The Basic Pilot Program was an automated verification method that allowed employers to voluntarily check the work eligibility of new hires, citizens and foreign visitors, through separate checks of each agency's databases. At that time, employers used a dial-up modem to access the information.

The E-verify program launched on the Internet in 2004 and by 2009 was required by Federal agencies for businesses doing contract work with the US Government. The program had reviewed over 7 million cases.

For businesses within Temecula city limits that have employees, the directive is fairly simple and straight forward. From here on out, you must use the E-verify system for all new hires. As with your filing an I-9 form, the E-verify forms must be completed within three working days from when your new employee begins to work for pay. The program is designed to help employers and employees discover and correct discrepancies in Social Security numbers, work history and names used for employment. If employee information cannot be verified through the E-verify system, a non-compliance notice is issued. Based on the non-compliance status, the employee may be asked to contact the Social Security Administration (SSA) or U.S. Department of Homeland Security (DHS) to resolve the issue. This notice does not mean the employee is not authorized to work in the US, but rather there may need to be further clarification. The employee can still work and receive wages while waiting for the compliance issue to be resolved.

As a note of interest, an employer cannot use E-verify for a potential employee before the employee has been hired and accepted the job. In other words, an employer cannot use the program to screen job candidates.

If DHS determines that you have knowingly hired unauthorized aliens (or are continuing to employ aliens knowing that they are or have become unauthorized to work in the United States), it may order you to cease and desist such activity and pay a civil money penalty as follows:

First Offense: Not less than $375 and not more than $3,200 for each unauthorized alien;
Second offense: Not less than $3,200 and not more than $6,500 for each unauthorized alien; and
Subsequent Offenses: Not less than $4,300 and not more than $11,000 for each unauthorized alien.

The E-verify program adds one more layer to the complexity of hiring and maintaining employees. Before forging into this morass alone, please call me for professional advice. I can help you through this process. My job is to make your job easier.

Quick Note on the I-9 Form

The I-9 form is required for all employees, whether citizen or non citizen, in order to work lawfully in the United States. It is to document that the employee has been authorized to work in this country. The I-9 must be completed within 3 days of an employees hire date. There is no fee to file the I-9, and it is not sent in to any government agency. It is retained by the employer and made available for inspection by the U.S. Immigration and Customs Enforcement (ICE). ICE performs randomn inspections of I-9 documents to ensure conformity. I-9 forms cannot be kept in the personnel files. Keep them in a file of its own to ensure easy access should an inspection occur.

If you fail to properly complete, retain, and/or make available for inspection Forms I-9 as required by law, you may face civil money penalties in an amount of not less than $110 and not more than $1,100 for each violation.

To get a copy of the I-9, please follow this link. I recommend every employer have an I-9 audit to ensure they are in compliance. Call me to schedule an audit. For more information, or to answer any questions, call me at 951-693-4477.

Wine & Bingo Night, Friday, August 13th

Wilson Creek Winer, 5:30-8pm

VOS has sponsored a game at the upcoming TVCC Wine & Bingo night. Please come join me for a night of fun - Who doesn't like wine and bingo. Reserve Your Ticket Now - It's sure to be a sell-out! Tickets $25 per person includes: 3 cards for each of the 9 games of Bingo and Appetizers. Additional packs of 3 cards for each of the 9 games - $5 per pack. Each attendee eligible to win the $300 cash prize donated by Gentry Studio! Participate in the 50/50 drawing and more!

My Guarantee to You:

You will receive the highest level of customer service with the utmost trust, integrity, expertise, and competitive pricing. My services will help you to minimize risk with guaranteed confidentiality. I will listen to your needs and design the best strategy based on those needs. This personal yet professional touch allows me to stand out among the rest. Please call me whenever you need my help.

What can I do to help you today?
Lori

Sincerely,
Lori D. Marruffo, PHR
Virtual Outsourcing Solutions

Phone: 951.693.4477
Email: LMarruffo@YourVOS.com

Web: www.YourVOS.com

In This Issue

E-verify in Temecula

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