Construction Dive  

As more states begin to require the use of E-Verify by some, or all, employers, construction companies are facing increasing challenges to find employees in an already thin market. These stricter requirements also pose a problem for general contractors working with smaller subcontractors who may be unfamiliar with the regulations, and Penni Bradshaw was quoted in a Construction Dive article on June 27, 2023 discussing strategies for businesses to address these challenges.

“The government can get pretty creative in imposing liability for this legal concept of being a joint employer,” said Bradshaw. “It’s an issue that comes up frequently when you bring in subs.”

She recommends requesting warranty or attestation from subcontractors to ensure they are compliant with the Immigration Reform and Control Act. “There is a growing movement, perhaps not in construction yet, but in other fields, where the main company is now requiring its subs to actually have a third-party auditor review their I-9 forms and make sure that the sub is in compliance,” she said.

As adoption of E-Verify rules spread, Bradshaw says, “employers should know that E-Verify is probably going to be everywhere someday. A lot of states are taking this into their own hands.”

The complete article can be accessed here.


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