Tennessee Expands E-Verify Requirements

As of January 1, 2023, Tennessee will require employers that have 35 or more full-time equivalent employees to use E-Verify. The law doesn’t define full-time equivalent, but we would suggest at least counting employees who work 30 hours a week or more (which is the standard under the federal Affordable Care Act). Currently, Tennessee requires employers with 50 or more employees to use E-Verify.

In addition, Tennessee updated its law to clarify that employers are required to keep documentation of the E-Verify case result that specifically shows that the employee is authorized to work in the United States. This documentation could be, for example, each employee’s E-Verify result or the E-Verify Quick Audit Report. Under both the current and amended version of the law, this documentation requirement

Action Items

• If you have 35 or more full-time equivalent employees and aren’t already using E-Verify, enroll in and begin using the federal E-Verify program for new hires by January 1, 2023.
• If you use E-Verify, retain documentation of the E-Verify case result that shows the employee is authorized to work in the United States (if you aren’t already doing so).
• If you have 34 or fewer full-time equivalent employees and don’t use E-Verify, retain documentation from this specific list.