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Tennessee to Require E-Verify for Employers with 35+ Employees

Beginning January 1, 2023, E-Verify participation will be mandatory for private employers with more than 35 employees anywhere in the world that operate in Tennessee.

This law amends the Tennessee Lawful Employment Act (TLEA) which took effect in 2017, requiring that Tennessee employers verify the employment authorization of all employees. It is important to note that the Tennessee definition of "employee" includes any employee under the same FEIN, whether they are physically located in Tennessee or not.

The following provisions will also be in effect starting in 2023:

  • Employers with fewer than 35 employees may use E-Verify if they wish;
  • The office of employment verification assistance can enroll employers without internet access in E-Verify and conduct E-Verify checks on their behalf; and
  • Employers using E-Verify can be protected from claims of wrongful or retaliatory discharge or discrimination if E-Verify returns that an employee is unauthorized to work in the United States.

Employers are encouraged to periodically review E-Verify legislation to ensure they are in compliance with relevant state laws. Certiphi Screening is equipped with the operational knowledge and technological resources to provide up-to-date E-Verify support for employers of all sizes though i9Success, our expansive suite of Form I-9 and E-Verify solutions. For more information on i9Success, please contact your sales executive, account manager, or our customer service team.

Posted: June 2, 2022


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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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