How Florida’s New Immigration Law Impacts Your Business

21 of June, 2023

As an HR manager or business owner in Florida state, you need to understand how Florida’s new immigration law will impact your operations and bottom line. The law, set to take effect July 1, requires all businesses to use the federal E-Verify system to check the eligibility of new hires and mandates stiffer penalties for knowingly hiring undocumented immigrants.

While proponents argue the law will open up more jobs for citizens and legal residents, critics counter that it will damage the economy by depriving key industries like agriculture and construction of much-needed labor.

Regardless of your view on the underlying issues, the practical implications for your business are significant. You will have to invest time and resources to implement the new requirements and navigate the complexities of federal employment verification processes. Failure to do so could result in hefty fines and even the loss of your business license.

The new immigration law brings challenges and costs, but also an opportunity to strengthen your recruitment practices and build a more sustainable workforce. The key is understanding how this law affects your unique situation and taking appropriate action. The following article will provide an in-depth analysis to help you do just that.

Florida’s New Immigration Law: What HR Managers Need to Know

As an HR manager or business owner in Florida, it is critical to understand the state’s new immigration law and how it impacts your company.

Effective July 1, 2023, all public and private employers will be required to use the E-Verify system to confirm the eligibility of new employees to work in the U.S. This means that within 3 business days of hiring a new employee, employers must submit information from the employee’s Form I-9 to E-Verify to determine work authorization. If E-Verify cannot confirm authorization, the employee must correct any errors within 10 business days to remain employed.

• What documents do you need to submit to E-Verify? You will need to provide information from Section 1 of the I-9 form, including the employee’s name, date of birth, address, and I-9 documentation like a passport or driver’s license.
• How will this impact your hiring process? You will need to build in additional time to submit new hire information to E-Verify and handle any necessary corrections. It is a good idea to start using E-Verify now to become familiar with the system before the new law takes effect.
• What about current employees? You are not required to verify current employees unless they get promoted or transferred into a new position. However, you may face penalties if you knowingly keep unauthorized workers on staff. It may be prudent to gradually verify current employees to avoid surprises.

By understanding your obligations under the new law and preparing now to make necessary changes, you can implement a smooth process for staying compliant with all immigration regulations regarding employment eligibility verification going forward. The key is acting fast to adapt your systems and workflows to this important new requirement.

How to Ensure Your Hiring Process Complies With the New Regulations

To ensure your hiring and onboarding processes comply with Florida’s new immigration laws, there are several steps you must take:

• Review the details of the law to understand exactly which documents are now required for employment eligibility verification. Using software like Sesame can help you organize and track all necessary paperwork.
• Update your employment applications and onboarding paperwork to request the appropriate documents from candidates according to the new regulations. This includes forms like the I-9, W-4, and background check consent forms. Be sure to specify which documents, such as a passport or permanent resident card, will be accepted.
• Train your hiring and HR teams on the new requirements so they know exactly which documents to request from candidates during the interview and onboarding processes. Provide clear checklists and documentation to ensure consistency across your organization.
• Perform an internal audit of your current files and records to identify any missing or outdated documents needed to comply with the new law. Contact any current employees as needed to request updated paperwork. Using an HRIS like Sesame facilitates efficient document management and identifying missing files.
• Ensure you stay up-to-date with any changes to state or federal laws regarding employment eligibility and be ready to promptly update your policies and procedures as needed. It is advisable to regularly consult legal counsel on immigration and employment matters to stay informed and make informed decisions.

By taking these steps, you can feel confident your hiring and onboarding procedures fully comply with Florida’s new immigration regulations. Ensuring you have the proper documentation for all employees is critical for maintaining compliance and avoiding potential legal issues. With the help of HR software and legal guidance, you can efficiently adapt your policies to these new requirements.

Using HR Software to Stay on Top of Changing Immigration Laws

HR software can help businesses stay compliant with Florida’s new immigration law.

As Florida implements new immigration legislation, HR managers must ensure their hiring and employee management practices adhere to the latest requirements. Using dedicated HR software helps automate and streamline this process.

• I-9 and E-Verify integration: Software with I-9 and E-Verify capabilities allows you to electronically verify new hires’ eligibility to work in the U.S. This helps avoid penalties for faulty I-9 completion or knowingly hiring undocumented workers.
• Real-time law updates: Leading HR platforms provide real-time notifications when immigration laws change so you can quickly update your policies and procedures. They also offer guidance on properly interpreting new legislation.
• Centralized employee records: Storing all employee records, documents and verification data in a centralized HR system gives you an at-a-glance overview of your company’s compliance with state and federal immigration regulations. This also makes audits and reporting much easier.
• Reminders and alerts: Software can automatically send reminders about required employee reverification or expiring work authorizations so no details slip through the cracks. Alerts notify you right away if any issues are detected with an employee’s eligibility.

Using dedicated HR software is one of the most effective ways for Florida businesses to gain control and oversight over changing immigration compliance requirements. Pairing software with regular policy reviews and staff training helps build a robust compliance framework and minimize risks. Companies that make immigration compliance a priority will be well-positioned to continue accessing top talent in a tight labor market.

Conclusion

As an HR manager or business owner in Florida, it’s critical to understand the implications of this Florida’s new immigration law on your organization. Failure to comply with proper verification and documentation procedures could result in hefty fines and legal issues.

However, with some adjustments to your hiring and employee management processes, you can ensure you stay within legal requirements while still finding and retaining top talent. Stay up to date with the latest regulations and consider consulting with legal experts on any areas of uncertainty.

While immigration policy remains a complex and often controversial issue, as an employer your, responsibility is to your business and your employees. Using a HRIS like Sesame can make everything easier.

With prudent action and care, this new law does not have to negatively impact your operations or your ability to support Florida’s workforce. The key is education, preparedness and a commitment to responsible practices.