South Carolina Baptist churches must comply with a state Department of Labor, Licensing and Regulation requirement that all employers enroll in the U.S. Department of Homeland Security’s E-Verify system beginning Jan. 1, 2012.
Bill Collins, mission support team director at the South Carolina Baptist Convention, said E-Verify allows the government to determine an employee’s eligibility within seconds after receiving information that appears on an Employment Eligibility Verification I-9 form.
“In the past, the use of E-Verify has been optional,” Collins said. “Employers, within the first three days of employment, are already required to complete an I-9 form for each new employee. Based on amendments to the South Carolina Illegal Immigration and Reform Act, signed into law by Governor Nikki Haley on June 27, 2011, all employers will now be required to use E-Verify at the first of the year.”
Collins said SCBC churches can enroll in E-Verify at www.dhs.gov/e-verify. There are resources on the website to help churches understand and use E-Verify.
Collins warned that failure to participate in E-Verify will come with strict penalties.
Churches should also understand that E-Verify permits state and federal agencies access to immediate investigation of potential misreporting or failure to report.
“Under the manual system, federal agencies were required to give you notice of a visit or investigation,” Collins said. “E-Verify removes that required notice of investigation. Churches must be diligent in completing the I-9 within three days of employment and then use E-Verify to report the information.”
In addition, but of separate interest, Collins said churches may be required to post a new signage notifying employees of the right to unionize.
The National Labor Relations Board issued a final ruling on Aug. 30 requiring the 11-by-17-inch posters. It was to take effect 75 days after publication on Nov. 14. However, on Oct. 5, 2011, the NLRB extended the implementation deadline to Jan. 31, 2012. The poster, as well as other information, can be downloaded at www.nlrb.gov.
“There is the chance that Congress could intervene and amend this ruling,” Collins said.
For more information, contact Collins at billcollins@scbaptist.org or 800-723-7242. – SCBC