June 22, 2007
Release from the Labor Commissioner's Office
ATLANTA - The Georgia Department of Labor announced today that, beginning July 1, public employers in Georgia will be required to check the work eligibility of all their newly hired employees to verify their eligibility to work in the United States. Certain private contractors entering into contracts with these public employers will also be required to verify the work eligibility of new employees.
Public employer is defined as "every department, agency, or instrumentality of the state [of Georgia], or a political subdivision of the state."
These new requirements are mandated in Section 2 of the "Georgia Security and Immigration Compliance Act," also known as Senate Bill 529. The eligibility verification requirements are designed to discourage the hiring of undocumented workers by state and local government entities and their contractors.
Implementation of the new requirements with respect to private contractors will be done in three phases beginning July 1, 2007. Work eligibility checks will be required when a contract or subcontract is entered into in connection with the physical performance of services within the state.
On July 1, contractors and subcontractors with 500 or more employees doing business with public employers will be required to conduct work eligibility checks of their newly hired workers. One year later, on July 1, 2008, contractors and subcontractors with 100 or more workers will be required to begin checking the work eligibility of their new hires. Finally, on July 1, 2009, all contractors and subcontractors doing business with public employers will be subject to the new law.The public employers, contractors, and subcontractors must check newly hired employees through the Employment Eligibility Verification (EEV) / Basic Pilot Program, operated by the U. S. Department of Homeland Security. Public employers, contractors, and subcontractors covered by the act are required to register for this program through the Internet at https://www.vis-dhs.com/EmployerRegistration and enter the information from the federally required Employment Eligibility Verification (Form I-9).
The Georgia Department of Labor has released rules and regulations necessary for implementation of Section 2 of the act. Section 2 is found in the Official Code of Georgia Annotated at Code Sections 13-10-90 and 13-10-91. The rules and regulations may be found on the Georgia Department of Labor's Web site at www.dol.state.ga.us.