Effective January 1, 2013, all contractors and subcontractors working on Pennsylvania public works projects will be required to verify the employment eligibility of any newly hired workers through the federal E-Verify program. Designed to preserve local jobs, this new legislative measure will impose new burdens on contractors and subcontractors and will subject them to potentially stiff penalties in the event of non-compliance.

The Public Works Employment Verification Act (the “Act”) was signed into law by Governor Tom Corbett on July 5, 2011. As a precondition to being awarded a public works contract, contractors and subcontractors will be required to supply the Pennsylvania public agency that awarded the contract with a signed verification certifying that they have verified or will verify the employment eligibility of any “new” employee to be assigned to the public work using the federal E-Verify program. For public works contracts awarded prior to January 1, 2013 that have yet to be executed by that date, contractors and subcontractors will be required to supply the signed verification prior to starting any work on the project. The verification form has not yet been developed by the Secretary of General Services, so the details of the “verification” are not yet known.