The Georgia Department of Labor (“DOL”) has issued rules relating to compliance with the requirements of the Georgia Security and Immigration Compliance Act of 2006, O.C.G. A. 13-10-91.
The Georgia Department of Labor (“DOL”) has issued rules relating to compliance with the requirements of the Georgia Security and Immigration Compliance Act of 2006, O.C.G. A. 13-10-91. As noted in the April 2007 edition of Management Update, this law requires contractors and subcontractors who have contracts with the state of Georgia or any of its agencies to verify the employment eligibility of their employees through a federal work authorization program.
The new Georgia DOL rules specify that public employers, their contractors, and subcontractors must use the federal Department of Homeland Security (“DHS”) Employment Eligibility Verification (EEV)/Basic Pilot Program to fulfill the requirements of O.C.G.A. 13-10-91. In the future, covered employers may use other, equivalent federal work authorization programs operated by DHS to fulfill the requirements of O.C.G.A. 13-10-91 when such programs become available.
The effective dates for the employment verification requirements are: July 1, 2007, for covered employers with 500 or more employees; July 1, 2008 for those with 100 or more employees; and July 1, 2009 for employers with fewer than 100 employees.
The new rules also set forth specific provisions relating to compliance with O.C.G.A. 13-10-91, which must be included in contracts between public employers and contractors and between contractors and subcontractors for the physical performance of services.
More specifically, the new rules require or authorize the following:
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Public employers must certify their participation in the Basic Pilot Program (or other applicable federal work authorization program) by transmitting a copy of all documents required for the employer’s registration and participation in such program to the public employer’s agency head;
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Public employers must designate an individual to monitor new employee work verification required by the law;
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Public employers must document a contractor’s compliance with O.C.G.A. 13-10-91 by using the Georgia DOL’s provided example “Contractor Affidavit and Agreement” form, or one substantially similar to it;
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Covered contractors must document a subcontractor’s compliance with O.C.G.A. 13-10-91 by using the Georgia DOL’s example “Subcontractor Affidavit” form or one substantially similar to it;
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Georgia DOL has the authority, subject to funding, to conduct random audits of public employers, their contractors and subcontractors to determine compliance with the law. Public employers, their contractors and subcontractors must keep records demonstrating compliance with the law and must make such documents available for inspection and copying by the DOL. The DOL will notify a public employer, its contractor or subcontractor in writing when it appears such entity has failed to comply with the requirements of the law. Additionally the Georgia DOL will notify the U.S. Department of Homeland Security whenever records of a public employer, contractor or subcontractor are not sufficient to verify the work eligibility of such an entity’s employee.
The rules also require the DOL to conduct education and training to assist public employers and their contractors and subcontractors in complying with the law.
The Georgia DOL rules are available at: http://www.dol.state.ga.us/pdf/rules/300_10_1.pdf.
If you have any questions regarding the new rules or other employment related immigration issues, please contact the Ford & Harrison attorney with whom you usually work or Geetha Nadiminti, gnadiminti@fordharrison.com, 404-888-3940.