House Bill 246 (the E‑Verify Workforce Integrity Act) is now in effect for non-residential construction businesses in Ohio. This new law includes requirements for checking whether new employees are allowed to work in the United States, and there are penalties for companies that don’t follow the rules. It does not apply to residential construction.
Non‑residential construction contractors, subcontractors, and labor brokers in Ohio must:
- Use the federal E‑Verify system to check every new hire’s work authorization
- Keep records showing they completed the E‑Verify check
- End employment if E‑Verify gives a final “non-confirmation”
The Ohio Attorney General can investigate complaints and take companies to court if they don’t follow the law. HB 246 applies to most non‑residential construction work, including:
- Commercial buildings
- Highways and bridges
- Utilities and other infrastructure projects
Your responsibility doesn’t stop with your own employees. If your subcontractors or labor brokers aren’t following the rules, your business can still get into trouble. That means checking your partners is an important part of staying compliant. The penalties can be serious, including:
- Court fines for not using E‑Verify correctly
- Losing the ability to work on state contracts for up to two years
- Having business licenses suspended or taken away if you knowingly hire unauthorized workers
Here are the steps to take:
- Make sure you’re enrolled in E‑Verify. If not, sign up for free at everify.uscis.gov.
- Update your hiring process. E‑Verify must be done for every new employee, so build it into your normal I‑9 steps.
- Train your hiring staff. They should know how E‑Verify works, what the deadlines are, and what to do if a worker gets a non-confirmation.
- Review your subcontractor and labor agreements. Add language that requires them to follow E‑Verify rules and gives you a way to address problems.
- Keep good records. You need to be able to show that you followed the law.