E-Verify Bill for Employers Signed into Law

On June 7, 2011, Governor Haslam signed legislation enacting the “Tennessee Lawful Employment Act,” otherwise known as the E-Verify Bill, (HB 1378; SB 1669), which requires businesses with six or more employees to obtain a copy of a new employee’s driver’s license or use the E-Verify system.  Under the new law, use of E-Verify also provides a safe harbor for penalties against employers if the worker is later found to be in the country illegally.

Supporters assert that 15 states require the use of E-Verify, another 25 states are considering similar legislation, and that the number may grow in light of the U.S. Supreme Court’s recent decision in Chamber of Commerce of U.S. v. Whiting, — S.Ct. —-, 2011 WL 2039365 (U.S. May 26, 2011) (holding Arizona’s E-Verify requirement for employers did not conflict with federal law).  Others have argued E-Verify is unreliable and will be costly to businesses, particularly local farmers.

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