HB 56 Update. April's Fools day. My birthday. Mandatory use of E-Verify for all employers in Alabama. April 1 is the magical day for all of these. Over the past month, I have had many clients asking questions about what they need to do to comply with HB 56 and the E-Verify requirements. The E-Verify provisions of HB 56 were not challenged in court, and thus are the law. Since September 1, 2011, when the law became effective, it has been illegal to knowingly employ, hire or continue to employ an unauthorized alien. All businesses and entities doing business with the state, any political subdivision of the state or any state funded agency were required to start using E-Verify as a condition of an award of such a contract effective January 1. I have seen a number of forms used by various public entities that they have sent out to their contractors that must be completed in order to continue doing business. As of April 1, all employers and business entities, which are broadly defined, must use E-Verify for all new employees that are hired. Violations can lead to severe consequences, including the permanent revocation of all business licenses and permits throughout the state for a third violation.
As I have previously posted, E-Verify CANNOT be used for existing employees, and must be used within 3 days after the new employee is hired. E-Verify DOES NOT take the place of I-9 forms: they too must be completed withing 3 days of a new employee being hired. I have stated before, and will state again, that I-9's should be audited to make sure that they are in compliance with federal law. Any such audit should be done by someone knowledgeable with I-9's, because an improper audit or improper corrections may cause more of a problem then if nothing was done.
NLRB Poster Update. Another reminder: the NLRB's required poster language takes effect on April 30. I have previously posted about this requirement in detail.