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Tennessee Expands E-Verify Requirements

Effective January 1, 2023, the Tennessee Lawful Employment Act is amended to require employers with 25 or more employees to use the federal E-Verify program to verify the legal status of potential employees hired on or after that date. Previously, the law applied to employers with 50 or more employees.

The amendments also prevent employees from suing an employer for wrongful or retaliatory discharge if, under federal immigration laws if the employee is not authorized to work in the United States (US) and the employer was not aware that the employee was not authorized to work in the US.

Next Steps for Employers

For those employers who previously were not subject to use of E-Verify, it is recommended that they familiarize themselves with E-Verify’s requirements by visiting the E-Verify website. Employers should also begin reviewing their recruitment and hiring practices to ensure that human resource professional or those who are responsible for employment verification are aware of this new requirement and understand how to use the E-Verify system, including the resolution of any tentative non-confirmations that may result. Additionally, any internal onboarding procedures including new hire checklists should be updated to include using E-Verify, in addition to, completion of the Form I-9.

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.