Joining a growing number of states that require employers to use E-Verify to confirm their employees’ eligibility to work in the United States, starting January 1, 2013, Pennsylvania will require Pennsylvania contractors and subcontractors involved in “Public Work” projects with a contract value exceeding $25,000 to use E-Verify to determine the eligibility of new employees to work in the United States.

The new law, entitled the Public Works Employment Verification Act (the “Act”), requires as a condition to being awarded a contract for a public work that a contractor or subcontractor must provide the public body with a verification form confirming its compliance with the Act. This must include verification that the E-Verify system was used to confirm eligibility for employment of its new employees in the United States. Failure to provide the verification will result in fi nes of $250 to $1,000 for each violation. Failure of a contractor or subcontractor to use the E-Verify system will result in the following sanctions under the Act...

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