Mandatory E-Verify Law for Landscape Contractors Goes into Effect October 7, 2020

Harrisburg – On October 7, 2020, Act 75 goes into effect which requires all construction contractors in Pennsylvania to use the federal E-Verify system for all employees hired on or after that date. According to the Pennsylvania Department of Labor and Industry (L&I), the term "construction" includes landscape contractors, lawn care companies and arborists.

E-Verify is not required for employees already on board before October 7. This requirement applies to sub-contractors at all tiers, as well as staffing agencies who supply workers to the construction industry.

What is E-Verify?

E-Verify, authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), is a web-based system through which employers may electronically confirm the employment eligibility of their employees. E-Verify is administered by the Social Security Administration (SSA) and U.S. Citizenship and Immigration Services (USCIS).

Construction Industry Defined

The construction industry is defined by Act 75 as the industry which engages in the erection, reconstruction, demolition, alteration, modification, custom fabrication, building, assembling, site preparation and repair work or maintenance work done on real property or premises under a contract, including work for a public body or work paid for from public funds.

According to Robert Schramm, Deputy Chief Counsel of the Department of L&I, the terms "real property and maintenance" take in landscape contractors, lawn care companies and arborists.

Webinar Explaining the New E-Verify Law

The Pennsylvania Department of Labor and Industry is holding a webinar on Wednesday September 16 from 9:30 am – 11:30 am to explain the new law and how to comply with it. For more information on the webinar, click here. If you missed this webinar, PLNA has requested that L&I schedule other webinars, so watch PLNA e-News for more information.

For more information on Act 75, click here.