# 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 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 documents like passports, driver's licenses, and Social Security cards, then entering employee information into the federal E-Verify system to confirm their identity and work eligibility.

The bill phases in this requirement gradually based on company size. Large employers with 10,000 or more workers would have to start using E-Verify within six months of the law passing, while medium-sized companies would have 12 to 18 months, and small businesses with fewer than 20 employees would get 24 months to comply. Agricultural workers get an extra grace period of 30 months. If an employer receives a final determination that someone isn't eligible to work, they must either terminate that person's employment or report to the Department of Homeland Security that they're keeping them on anyway—which creates legal liability for the employer.

For workers, this means the hiring process could take longer since employers must complete the verification process within three business days of hire. If there's a problem with your information in the system, you'd have a chance to contest it before a final decision is made, and employers can't fire you based on a tentative mismatch. However, if the verification ultimately fails and you're deemed ineligible to work, you could lose your job. The bill also requires employers to keep records of this verification for three years after hiring or one year after someone leaves the job, making employment verification a permanent part of business operations.

Legal Workforce Act

Calvert, Ken

Legal Workforce Act This 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 information from the system. The bill establishes a phased-in participation deadline for different 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.