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Florida E-Verify Mandate Released

Effective July 1, 2023, employers with 25 or more employees must use E-Verify for employment eligibility verification of new employees. This verification must be done within three business days of the new hire’s start date, and employers must certify that they used the program on their first tax return of each calendar year. If an employer can’t use E-Verify, the Employment Eligibility Verification form (Form I-9) must be used and the system’s unavailability must be recorded (via screenshot, public statement, etc.). Employers cannot continue to employ someone after learning they are not eligible to work. Verification records must be kept for three years.


Action Item

  • If you have 25 or more employees, ensure that your policies and procedures have been updated accordingly.


Florida Limits Vaccination Requirements

Beginning June 1, 2023, employers in Florida are prohibited from doing any of the following:

  • Basing any employment decision on documentation of vaccination if the vaccination is for COVID-19 or uses mRNA technology
  • Basing any employment decision on the knowledge or a belief about a person’s COVID-19 vaccination status or their receipt of any mRNA vaccine, or their COVID-19 post-infection recovery status
  • Requiring COVID-19 testing
  • Basing any employment decision on a person’s failure to take a COVID-19 test


Additionally, under the new law employers cannot require employees to wear face coverings that cover their mouth and nose, with exceptions for healthcare providers and when face coverings are a standard occupational safety measure.

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