The Tennessee Lawful Employment Act shall take effect January 1, 2012 , and requires employers to obtain lawful resident verification information consistent with federal employer requirements under the Immigration Reform and Control Act of 1986.Signed into law by Governor Bill Haslam on June 7, 2011, the Tennessee Lawful Employment Act requires all employers in Tennessee to demonstrate that they are hiring and maintaining a legal workforce either by enrolling in E-Verify program or requiring employees to submit certain documents.
The list of documents to be submitted should establish employment eligibility as well as work authorization for the employee. The following is the list given:
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- A valid Tennessee driver’s license or photo identification
- A valid driver’s license or photo identification from another state where the license requirements are at least as strict as those in Tennessee
- A birth certificate issued by a U.S. state, jurisdiction or territory
- A U.S. government issued certified birth certificate
- A valid, unexpired U.S. passport
- A U.S. certificate of birth abroad
- A certificate of citizenship
- A certificate of naturalization
- A U.S. citizen identification card
- A lawful permanent resident card
- Other proof of employee’s immigration status and authorization to work in the United States
In addition to the Tennessee Lawful Employment Act, Federal laws still require all employers to complete an I-9 form for all new hires (including U.S. citizens) within three (3) business days of hire. This information can be verified through the E-Verify program once obtained by the employer.
Under the Act, the employment verification provisions referenced above will be phased in as follows:
- All state and local government agencies must enroll and participate in E-Verify or request and maintain an identity/employment authorization document from a newly hired employee no later than January 1, 2012
- All private employers with 500 or more employees must enroll and participate in E-Verify or request and maintain an identity / employment authorization document from a newly hired employee no later than January 1, 2012
- All private employers with 200 to 499 employees must enroll and participate in E-Verify or request and maintain an identity / employment authorization document from a newly hired employee no later than July 1, 2012
- All private employers with 6 to 199 employees must register and utilize E-Verify or request and maintain an identity / employment authorization document from a newly hired employee no later than July 1, 2012
EMPTrust provides electronic Form I-9 and E-Verify solutions that help you comply with statutory and legal regulations.
Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Any issues regarding compliance and obligations under United States or International laws or regulations should be addressed through your legal department or outside counsel.
