On May 10, 2023, Governor DeSantis signed Senate Bill (SB) 1718 into law, immigration-related legislation that includes new requirements for businesses to check the immigration status of new employees no later than three business days after the employee begins working for pay. New requirements apply to any new hires after July 1, 2023. These requirements, which goes into effect on the same day, include:

• Private employers with 25 or more employees must use the federal E-Verify system to verify a new employee’s employment eligibility.
• Public agencies must use the E-Verify system to verify a new employee’s employment eligibility. Public agencies also must require in any contract that contractors or subcontractors register with and use the E-Verify system to verify all new employees. Subcontractors must now provide contractors with an affidavit saying that they do not employ, contract or subcontract with unauthorized aliens.

Also, keep in mind:

• Employers cannot continue to employ an unauthorized alien after obtaining knowledge that a person is or has entered the county illegally.
• It is unlawful for any person to knowingly employ, hire, recruit or refer, either for herself or himself or on behalf of another, for private or public employment within the state, a “foreign national” who is not authorized to work in the U.S.  (Effective July 1, 2024)

For those employers that utilize leasing companies for their staff, in the absence of a written agreement or understanding, the employee leasing company is responsible for compliance; however, employers should ensure that there is no contrary language in any applicable agreement regarding the responsibility for compliance.

Employers must retain a copy of all documentation along with any official verification for at least three years. The penalty for violations of the law can be severe, including a revocation of business licenses, or fines of $1,000 per day until proof of compliance is provided.

Ward Damon’s Employment & Labor department is here to help you ensure compliance with Senate Bill 1718, and guide you through all employment matters. Please email Bari Goldstein, Partner, at bgoldstein@warddamon.com, or Phil Werner, Associate, at pwerner@warddamon.com for consult.