Comments on: 100,000 U.S. Employers use E-Verify http://www.bloggernews.net/119442 High-quality English language analysis and editorial writing on the news. Sun, 22 Nov 2009 23:25:15 +0000 http://wordpress.org/?v=2.3.3 By: Liz http://www.bloggernews.net/119442#comment-914370 Liz Tue, 20 Jan 2009 19:07:47 +0000 http://www.bloggernews.net/119442#comment-914370 With regard to E-Verify, here’s the link to a legal opinion paper from an attorney at Michael Best & Friedrich regarding how E-Verify applies for your responsibility regarding independent contractors and sub-contractors. http://www.mbopartners.com/blog/categories/E-Verify.html?id=91&category=11&type=43 Interesting stuff — government contractors who fail to comply with E-Verify may be debarred from doing business with the government, but compliance isn’t exactly simple. If you have misclassified employees as contractors (and therefore not performed E-Verify on them) then you may be out of compliance. But to perform E-Verify on contractors is inappropriate, probably illegal, and can tilt the classification decision (in the event of a misclassification audit) in the direction of making these people look like employees, as you have treated them as employees for purposes of verifying employment eligibility. In conclusion, according to the paper (available full text at that link) your E-Verify compliance is ONLY as good as your independent contractor classification compliance. With regard to E-Verify, here’s the link to a legal opinion paper from an attorney at Michael Best & Friedrich regarding how E-Verify applies for your responsibility regarding independent contractors and sub-contractors.

http://www.mbopartners.com/blog/categories/E-Verify.html?id=91&category=11&type=43

Interesting stuff — government contractors who fail to comply with E-Verify may be debarred from doing business with the government, but compliance isn’t exactly simple. If you have misclassified employees as contractors (and therefore not performed E-Verify on them) then you may be out of compliance. But to perform E-Verify on contractors is inappropriate, probably illegal, and can tilt the classification decision (in the event of a misclassification audit) in the direction of making these people look like employees, as you have treated them as employees for purposes of verifying employment eligibility.

In conclusion, according to the paper (available full text at that link) your E-Verify compliance is ONLY as good as your independent contractor classification compliance.

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