Hiring in the construction industry comes with many responsibilities, including legal requirements that help ensure compliance and protect your business. To help YBA members better understand Pennsylvania’s Construction Industry Employee Verification Act (CIEVA), we’re highlighting insights shared by YBA member Steve Snyder, Attorney at Law.
Since October 7, 2020, all Pennsylvania construction industry employers have been required to use the federal E-Verify system to confirm the work authorization of newly hired employees. This mandate, enacted as Act 75 of 2019, applies broadly to general contractors, subcontractors, specialty trade contractors, and any business performing construction-related work in the Commonwealth.
E-Verify is a free, web-based system operated by the U.S. Department of Homeland Security in partnership with the Social Security Administration. It works by comparing information from an employee’s I-9 form against federal databases to confirm employment eligibility.
Employer obligations include:
- Completing an I-9 for every new hire by their first day of work
- Submitting the information through E-Verify within three business days
- Keeping records of the verification process
- Following proper procedures if E-Verify issues a tentative non-confirmation
Importantly, E-Verify may not be used to pre-screen applicants or check existing employees, unless required under a federal contract.
Noncompliance can carry significant consequences, ranging from warnings and civil penalties to loss of state contracts for repeat offenders.
Best practices for contractors include:
- Registering for E-Verify at www.e-verify.gov
- Training HR or onboarding staff on I-9 and E-Verify processes
- Keeping I-9 and verification records separate from personnel files for easier inspection
Takeaway:
Compliance with CIEVA is mandatory for all construction industry employers in Pennsylvania. Using E-Verify correctly not only helps you avoid fines and delays but also safeguards your company’s reputation.
This article was prepared with insights from Steve Snyder, Attorney at Law, a YBA member who advises builders and remodelers on legal and regulatory matters. If you need guidance or legal advice, contact Attorney Snyder at stevensnyderesq@gmail.com or 717-975-7799.
