# Plain Language Summary: Legal Workforce Act

This bill makes it mandatory for all employers across the United States to use an electronic employment verification system called E-Verify when hiring new workers. Currently, E-Verify is optional for most employers, but this bill would change that to require every business—from small family operations to large corporations—to verify that new employees are legally allowed to work in the country. The verification process would involve employers checking workers' identification documents and Social Security numbers against federal databases to confirm they're either U.S. citizens, permanent residents, or have valid work authorization.

The bill phases in this requirement gradually based on company size. The largest employers with 10,000 or more workers would have to start using E-Verify within six months of the law taking effect. Medium-sized companies would have six to twelve more months, smaller businesses with 20 to 500 employees would get up to 18 months, and the smallest employers with fewer than 20 workers would have two years to comply. Agricultural workers get an extra year beyond that. This staggered approach gives smaller businesses more time to adapt to the new system.

When an employer runs a verification check, they'll get either a confirmation that the worker is eligible to work, a tentative rejection that the worker can challenge, or a final rejection. Importantly, employers cannot fire someone or rescind a job offer based on a tentative rejection—they have to wait for a final decision. If an employer gets a final rejection but keeps the worker anyway, they face legal liability. Workers would also need to sign forms attesting under penalty of perjury that they're authorized to work, and employers must keep these verification records for at least three years after hiring.

Legal Workforce Act

Calvert, Ken

Legal Workforce ActThis bill directs the Department of Homeland Security (DHS) to create an electronic employment eligibility confirmation system modeled after and to replace the E-Verify system, which allows employers and recruiters to verify the immigration status of individuals. The bill also mandates the use of such a system, where currently only some employers, such as those with federal contracts, are required to use E-Verify.The bill specifies documents that can establish an individual's identity and employment authorization. During the period starting when a job offer is made until three business days after hiring, the individual must attest to his or her employment authorization, and the employer or recruiter must attest that it has examined the individual's required documents.Employers shall reverify certain types of employees who were not previously verified using E-Verify.The Social Security Administration shall notify employees if their Social Security number has been used multiple times in an unusual manner. DHS shall establish programs for blocking and suspending misused numbers.Employers that are required to use the verification system shall not be liable for any employment-related action based on a good-faith reliance on the system.The bill establishes a phased-in participation deadline for different sizes and categories of employers, including agricultural employers.The bill increases civil penalties related to hiring individuals without work authorization. It also preempts state laws relating to hiring and employment eligibility verification, but states may use their authority of business licensing to penalize employers for failing to comply with the bill's provisions.