E-Verify Required in Mississippi on State and Private Projects

 By Scott Wolfe Jr

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At the Construction Law Monitor, we’ve traced the history of the E-Verify requirement from President Bush’s aggressive regulation to the less severe Obama one.   Along the way, there has been a lot of discourse about the federal requirements, and specifically the requirement that E-Verify get used on every federal contract, and even those contracts that just use federal funds.

Here is something we haven’t mentioned:   State Requirements.

Some states have passed legislation requiring E-Verify on state funded projects, and even on qualifying private projects.

Most notable for our Louisiana clients is legislation passed (and in force) in Mississippi.

The Mississippi Employment Protection Act is the culprit in that state, and the folks over at the I-9 and E-Verify Blog published this excellent summary of the law’s e-Verify component:

The Mississippi Employment Protection Act has also been implemented in stages, mandating E-Verify registration and participation for state agencies and political subdivisions, all public contractors, all public subcontractors, and private employers with two hundred fifty (250) or more employees starting July 1, 2008; private employers with at least one hundred (100) but less than two hundred fifty (250) employees on July 1, 2009; and as of today, private employers with at least thirty (30) but less than one hundred (100) employees. The law will further expand to cover all employers in Mississippi on July 1, 2011.

Employers that do not comply with the law by the applicable effective date may have any existing state contract terminated and become ineligible for public contracts for three years, or have any license, permit, or certificate allowing the employer to do business in Mississippi suspended for a period of one year, or both.

If you’re doing work in Mississippi, be aware that the e-Verify requirement is much broader than elsewhere in the country.   Other aggressive states?   South Carolina and Utah are among them – anyone else know of any others?

Posted in:     Around The Web, Labor Law  /  Tags: E-Verify, I-9 and E-Verify Blog, Mississippi Employment Protection Act  /   1 Comment

About the Author: Scott Wolfe Jr

Scott Wolfe, Jr. obtained his J.D. degree from Loyola University of New Orleans, and his B.A. from Southern Methodist University in Dallas, TX. In 2006, 2007, 2008 and 2009, Scott was recognized as a Leader in Law by CityBusiness Magazine. The son and grandson of general contractors, Scott is a construction litigator in the Pacific Northwest, and the founding member of the bi-coastal law firm, Wolfe Law Group. Scott is also the founder and CEO of Express Lien, Inc., a legal document preparation service for contractors. In 2008, City Business Magazine recognized Scott as one of its Innovators of the Year for the Express Lien concept. As an entrepreneur himself, Scott has a strong background in business and commercial transactions and laws. He focuses his practice on the legal issues facing the construction industry, and has represented clients in multi-million dollar construction disputes in litigation and alternative dispute resolution proceedings. Scott is a LEED AP.