"To E-Verify, Or Not To E-Verify"

Tennessee's new immigration law is now in effect for many employers in the state. The Tennessee Lawful Employment Act, signed by Gov. Bill Haslam last summer, creates new obligations for employers to verify the identity of new employees in order to ensure that they are legally authorized to work in the United States. The state's largest employers began to implement the new law on January 1, and it is a good time for employers of all sizes to become familiar with the law's requirements and how it will affect their screening procedures for new employees.

Tennessee's old law did not require use of E-Verify, but provided a safe harbor for employers that voluntarily chose to use it. E-Verify is an Internet-based system that allows employers to check a new hire's employment eligibility by using data from the U.S. Department of Homeland Security and the Social Security Administration. Employers have had the option of voluntarily using the E-Verify system for several years,