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New Requirements for Tennessee Employment Take Effect Now

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The Department of Labor and Workforce Development in the state of Tennessee is urging employers in the state to comply with new requirements that ensure businesses are operating with a legal staff.

Karla Davis, the Labor and Workforce Development Commissioner, said that the Tennessee Lawful Employment Act, which was signed by Governor Bill Haslam in June, requires employment eligibility verification for all new hires. The verification must come through an online E-Verify program at a state website. The state’s law requests that all newly hired employees must provide identity and employment authorization documents as well.

The documents required by the state include the following:

A valid photo identification or Tennessee driver’s license.

A valid photo identification or driver’s license from another state where the requirements for the license are as strict as the ones in Tennessee.

A U.S. state, territory, or jurisdiction issued birth certificate.

A certified birth certificate issued by the U.S. government.

An unexpired, valid, United States passport.

A certificate of birth abroad certified by the United States.

A birth abroad report or a citizen of the United States.

A certificate of citizenship.

A certificate of naturalization.

A U.S. citizen identification card.

A permanent resident card that is legal.

“This online verification process is designed to be convenient for employers and only takes a few minutes to complete. The department can provide assistance to employers who don’t have Internet access,” Davis said.

The state law also requires employers in the state to maintain a copy of at least one of the documents listed above for all non-employees too. The state defines a non-employee as someone who is paid by the employer for labor or services rendered by the individual.

The employment verification provisions will be phased in by the state’s Department of Labor and Workforce Development, per the following schedule:

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, 2013.

This schedule applies to all employers operating within the state borders of Tennessee and applies to companies in Tennessee who have employees working in other states.

New Requirements for Tennessee Employment Take Effect Now by
Authored by: Harrison Barnes