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Legal Brief: E-Verify Regulations Take Effect Jan. 15
Legal Briefs appears in e-Inside monthly to keep faculty and staff informed of legal issues and their implications. Content is provided by the Office of the University Counsel, whose mission is to ensure high-quality legal services to Kent State University in a timely, cost-effective manner, to reduce litigation and to ensure legal compliance. An archive of Legal Briefs from 2008 and past years is available online.
E-Verify is an Internet-based system operated by the Department of Homeland Security, in partnership with the Social Security Administration, that allows participating employers to verify electronically the employment eligibility of their newly hired employees. It was established earlier this year to ensure that the federal government does business with companies that have a legal workforce. While participation in the system has been voluntary in the past, a recent amendment to federal law may have a minimal impact on some Kent State contracts and projects, specifically those that are funded by, or are in partnership with, the federal government.
The change in federal law will affect federal contracts signed on or after Jan. 15, 2009. After that date, Kent State employees assigned to work on a federal contract in excess of $100,000, and a period of performance longer than 120 days, may be required to have their employment eligibility verified through the E-Verify system. Overall, the impact on the university should be minimal; university administrators are encouraged to review upcoming contracts and agreements to determine if any federal ties are present.
Please note that E-Verify does not replace the university’s obligation to complete an I-9 Employment Eligibility Verification Form within three days of a new employee’s hire date. E-Verify does require that the I-9 form be completed first (and retained according to specific retention rules), and the information from the I-9 form must be entered into the E-Verify system. This will confirm the person’s identity and employment eligibility.
The university is developing a plan to implement the E-Verify requirements, with assistance from the Office of the University Counsel and the Division of Human Resources. If you have any questions about E-Verify or whether your department is engaged in a federal contract, contact the Office of the University Counsel at 330-672-2982 or legal@kent.edu.
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