The recently passed law amending the Illinois Right to Privacy in the Workplace Act places statutory obligations on employers that use E-Verify. Effective January 1, 2010, Illinois employers now are required to complete an attestation at the time of E-Verify enrollment.

More info from Ogletree Deakins...

One would be hard-pressed to find someone unaware that the government is currently trying to pass a stimulus bill to help jump start our economy.  However, finding someone fully aware of the specific details outlined in both versions of the bill (i.e. House and Senate versions) might prove more difficult. 

The New York Times reported that the two versions of the stimulus overlap on "90-plus percent" of the issues.  But after the Senate passes their version today, a conference committee will begin drafting a final version of the bill, making the necessary compromises on the other 10 percent of the issues. 

It is in this 10 percent where employers and HR professionals can find a signicant difference between the two bills.  The House version of the stimulus plan included the following stipulation:

SEC. 1114.  REQUIRED PARTICIPATION IN E-VERIFY PROGRAM.
None of the funds made available in this Act may be used to enter into a contract with an entity that does not participate in the E-Verify program described in section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).

This provision was removed from the Senate version of the bill, but it could be reinstated as compromises are discussed later this week.

E-Verify is the federal government's program for verifying online new hires' authorization to work in the US. President Obama has put on hold until May a Bush Administration Executive Order that would required all federal contractors to utilize the system.

Under the Bush Administration, the U.S. Citizenship and Immigration Services (USCIS) revised the Form I-9 by amending the documents acceptable for verification of employment eligibility. The new form I-9 was to go into effect today (02/02/2009).

Apparently, in it's review of all pending actions initiated by the outgoing administration, the Obama Administration has announced a delay in implementation of the new form until April 3rd. The public commenting period on the proposed change has been reopened until March 4th.

The most significant change to Form I-9 is the requirement that all documents presented during the I-9 verification process must be unexpired. Currently, certain documents, including U.S. passports or drivers’ licenses can be presented as proof of identity and/or work eligibility without regard of their expiration date.

The revised Form I-9 also eliminates Temporary Resident and older versions of Employment Authorization Cards (Forms I-688, I-688A, and I-688B) from the list of documents sufficient to establish both identity and employment authorization (referred to as "List A"), since these cards no longer are issued and any outstanding cards would have now expired.

To verify the accuracy of the information provided by a new hire when completing the Form I-9, Imperative offers a user-friendly interface into the Department of Homeland Security's E-Verify system. Our interface dramatically improves the ease of use and functionality of the E-Verify system that was, after all, designed by government contractors.

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On January 30th, the Mid-Cities HR Association in cooperation with the Fort Worth HR Management Association and North Texas SHRM, will present their second annual Employment Law Symposium titled "What You Need to Know Under the New Administration." Imperative is a proud sponsor of this event again this year.

In this podcast, Mike interviews Michael Layman, the keynote speaker for the symposium. Michael is the Manager of Employment and Labor Legislation for the Society for Human Resources Management and he will be discussing the many federal public policy issues expected to impact human resources professionals in the coming year.

According to the Washington Business Journal, the Department of Homeland Security has postponed the requirement that federal contractors begin using E-Verify by January 15th. Responding to a suit filed by SHRM and other organizations, DHS agreed to delay the requirement for federal contractors until 2/20/2009.

Read more about the E-Verify requirements here.

Under a Presidential Executive Order that takes effect on January 15, 2009, most federal contractors and subcontractors must begin using the E-Verify system to verify the employment eligibility of new-hires and existing employees.

E-Verify is a free online system developed by the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS). Correctly implementing E-Verify into new hire practices has proven challenging for many employers but Imperative's clients have additional tools available to make using E-Verify easier.

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Mike's guest on today's podcast is Audrey Mross, a shareholder in the law firm of Munck Carter, where she leads the Labor and Employment Law section.  Audrey has been practicing law since 1994 and was a human resources professional for over a decade before that, giving her a unique perspective as she helps her clients deal with their HR-related legal issues.

Audrey will be presenting her annual employment law update during the North Texas SHRM chapter's November 18th luncheon in Denton, Texas.

A recent article on WorkforceManagement.com discusses how in previous years employers would risk bending immigration compliance in favor of avoiding any discriminatory practices.  Now, in light of increased enforcement of immigration laws, a difficult balance must be reached between both issues.

We can add Mississippi to the list of states that now requires employers to use E-Verify, the federal government’s online system for checking the information provided on the Form I-9 to verify the employment eligibility of all newly hired employees.

The Department of Homeland Security’s Immigration Control and Enforcement (ICE) division has begun increased monitoring and enforcement of employer compliance with immigrant work eligibility rules. Employers face harsher civil and criminal penalties for hiring undocumented workers.