On August 9, 2024, Illinois Governor JB Pritzker signed Senate Bill 0508 (SB0508) into law, enhancing employment protections for individuals flagged by E-Verify, due to identification discrepancies. SB0508 prohibits employers from taking adverse actions against employees solely based on E-Verify notifications or from imposing verification requirements beyond federal mandates (e.g., federal contractor/subcontractor E-Verify requirements and Form I-9 verification) and requires employers to notify employees of any discrepancies and provide time to correct them. The law takes effect on January 1, 2025.
Additionally, SB0508 mandates that employers notify employees of I-9 inspections within 72 hours and outlines the employee’s rights during this process, including the right to representation during meetings or proceedings related to work authorization discrepancies. Employees have the right to contest adverse determinations and receive notice of final decisions.
Employers must adhere to these provisions, as non-compliance can result in legal action and penalties.
Next Steps
While employers may choose to use (or may be required by law to use) E-Verify to verify the identity and work authorization of new hires they must still comply with federal provisions under the Immigration Reform and Control Act (IRCA) of 1986 which requires employers in the United States to verify the identity and work authorization of all newly hired employees by completing Form I-9 verification. For Form I-9, new hires must present the required documents or a receipt within three business days of starting work. If documents are not provided within three days, the employee cannot be permitted to work. In this instance, employers may place employees on leave to allow time for document acquisition or consider terminating employment. Whichever option is chosen must be applied consistently to all employees who are unable to provide acceptable documentation.
