Are you a Tennessee employer with 35+ employees?
If so, you should know that starting on January 1, 2023 the state of Tennessee requires all private employers with at least 35 employees to use E-Verify and maintain E-Verify case results.
What is E-Verify? E-Verify is a federal electronic database intended to aid employers in confirming that the documentation provided by new hires to establish lawful employment eligibility is in fact valid.
As an E-Verify employer, the following guidelines for completing the I-9 form and verifying the new hire in E-Verify apply:
- The earliest that the new hire can be asked to complete Section 1 of the I-9 form is after an offer of employment is extended and accepted. You may not use the I-9 form as part of the applicant screening process or background check;
- The latest that the new hire must complete Section 1 of the form is the end of the first day of work for pay;
- The latest that you may complete Section 2 of the form (identification documentation verification) is the end of the third day after the first day of employment. If the employee will work for fewer than three days, you must verify identification documents on the first day of work for pay;
- You should encourage the new hire to present identification documents as soon after completing Section 1 of the form as possible, but must allow the new hire up to three days after beginning work for pay (for those working three days or more) to present identification documents from the list of acceptable documents that are found in the instructions for the I-9 form. If the new hire does not present acceptable identification documents by the end of three business days after the first day of work for pay, you may terminate the employee for failing to complete the I-9 form.
If you are a client of Exodus HR client, you have the option to process E-Verify through your UKG Ready portal for a more seamless verification process. For more information on setting up your UKG Ready portal for E-Verify please reach out to your Exodus HR Group payroll or HR coordinator!
Below are some helpful articles regarding the new E-Verify law in Tennessee specifically and information regarding E-Verify itself:
https://verifyi9.com/three-day-rule-hire-date/
If you are not a current client of Exodus HR, we encourage you to reach out to your current provider to ensure you are remaining in compliance. Our team would also love to talk with you about how our solutions might be a great fit for your organization and how we can partner with you to ensure a seamless and compliant payroll and HR process!
