Bill Passes Requiring Utilization of E-Verify in Construction Industry

Pennsylvania House Bill 1170 was passed on Oct. 7, 2019 requiring all construction industry employers to use E-Verify for employment eligibility determinations

Also known as the Construction Industry Employee Verification Act (the Act), the bill requires that all public and private employers operating in the construction industry use E-Verify to determine U.S. work eligibility for all employees. This process is already operational in Pennsylvania for construction companies engaged in contracts with the state. Taking effect on Oct. 6, 2020, this Act makes the law applicable statewide for the entire industry.

As it pertains to the Act, "construction industry employee" is defined as anyone engaged in the "erection, reconstruction, demolition, alteration, modification, custom fabrication, building, assembling, site preparation, and repair work or maintenance done on real property or premises under a contract, including work for a public body or work paid for from public funds." "Construction industry employer" is defined as "an individual, entity or organization in the construction industry, which transacts business in the Commonwealth and employs at least one employee in the Commonwealth."

Staffing agencies that supply workers to a construction industry employer are also considered construction industry employers under the terms of the Act.

In preparation for the October 2020 start date, construction industry employers with operations or employees in Pennsylvania should review current work eligibility processes and determine what modifications may be required.

Posted: October 18, 2019

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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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