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Right to Work Poster Change Affects Employers in Nine States

There is a mandatory poster change, affecting private employers in Alabama, Arizona, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, and Utah. Employers in these states are required by state laws to use the E-Verify program; however, these changes may affect employers in other states voluntarily using E-Verify.

The United States Citizenship and Immigration Services (USCIS) has updated their E-Verify program’s Right to Work poster. The U.S. Department of Justice, Office of Special Counsel clarified some employee rights and responsibilities. The updated poster reflects these two changes, which are:

  • Employers cannot reject documents with future expiration dates
    Under I-9 requirements, the USCIS lists accepted documents to establish identity and employment authorization. Employers must accept any combination of these documents if they are not expired, even if the documents list future expiration dates.
  • Employers may not take adverse actions against employees due to E-Verify results
    If there are any E-Verify problems, employees have a right to resolve or contest these issues. Should an employee use their rights in this regard, employers cannot take any adverse actions against them, such as termination, suspension, withheld pay, refusal of training, delayed start date, or any other action which would limit employment.

    The updated poster, which must be posted in both English and Spanish, is available now. It is a mandatory change for private employers in the states listed above, as well as any federal contractors in these and other states. The Right to Work poster must be displayed for both applicants and employees to see. Verify that your poster is up to date and contains information on these new employee rights.

    E-Verify is a voluntary program for most employers, but mandatory for some, such as employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause and employers in certain states that have legislation that mandates the use of E-Verify for some or all employers. E-Verify works by electronically comparing the information on an employee’s Form I-9 with SSA, DHS, and U.S. Department of State (DOS) records to verify the identity and employment eligibility of each newly hired employee and/or employee assigned to a covered federal contract. It is free and the best means available to determine the employment eligibility of new hires.