What Is Work Authorization Verification, And How Does It Apply At The State Level in Michigan?

Work authorization verification is the process of confirming that employees have the legal right to work in the United States. In Michigan, employers are required to use E-Verify, an online system administered by the U.S. Department of Homeland Security, to verify that their employees are authorized to work in the United States. All new hires must provide proof of identity and work authorization before they can begin work. Employers must also check the Michigan New Hire Reporting system to ensure that a new hire is not already listed in the system. This helps ensure that employees are not hired with stolen Social Security numbers or other stolen identifying information.

Which State Agencies Or Departments Are Responsible For Overseeing Work Authorization Verification in Michigan?

The Michigan Department of Licensing and Regulatory Affairs (LARA) is responsible for overseeing work authorization verification in Michigan. The LARA Bureau of Commercial Services (BCS) is responsible for verifying the work authorization of employers in the state.

How Do State-Level Work Authorization Verification Requirements Differ From Federal Requirements in Michigan?

State-level work authorization verification requirements in Michigan differ from federal requirements in the following ways:

1. Michigan employers are prohibited from using the federal E-Verify system to verify the employment eligibility of its employees.
2. Michigan employers may not ask applicants for documents such as Social Security cards, passports, or driver’s licenses to verify their work authorization.
3. Employers must accept unexpired state-issued documents or valid passports as proof of identity and work authorization.
4. Employers must maintain records of identification documents and attestations provided by employees for three years after the date of hire.
5. Employers must retain records of all new hires for three years after the date of hire in Michigan.
6. Employers must provide employees with a written notice of their rights under the Michigan Civil Rights Initiative upon hire.

Are Employers Required To Verify The Work Authorization Of All Employees At The State Level in Michigan?

Yes. Under Michigan law, employers must verify the work authorization of all employees, including those who are not seeking to work in the United States. Employers must also ensure that their hiring practices do not run afoul of anti-discrimination laws.

What Documentation Is Acceptable For Verifying Work Authorization Under State Law in Michigan?

Acceptable documentation for verifying work authorization under Michigan state law includes a driver’s license or ID card issued by the Michigan Department of State, a U.S. passport or passport card, a Permanent Resident Card (Form I-551), Employment Authorization from the Department of Homeland Security, or a foreign passport with an unexpired visa. Employers must also use the E-Verify system to verify the employment eligibility of all new hires.

Are There Penalties For Employers Who Fail To Comply With State-Level Work Authorization Verification Requirements in Michigan?

Yes, employers who fail to comply with Michigan’s work authorization verification requirements are subject to civil and criminal penalties. Civil penalties include fines of up to $10,000 per violation. Criminal penalties can include jail time and fines of up to $15,000 per violation.

How Do State-Level Work Authorization Verification Requirements Impact Employees With Different Immigration Statuses in Michigan?

State-level work authorization verification requirements can have a significant impact on employees with different immigration statuses in Michigan. Depending on the individual’s status, they may be required to present a valid Social Security number, document their right to work in the United States, and/or provide additional paperwork to prove that they are eligible to work. Employers must verify the information provided to them and may not accept documents that appear to be fraudulent or tampered with.

Those with certain immigration statuses may be exempt from certain work authorization verification requirements. For example, T visa holders are automatically eligible to work in Michigan without having to present any additional documentation. Similarly, DACA recipients are eligible to work and do not need a Social Security number or other documents in order to do so.

Failure to comply with these work authorization verification requirements can have serious consequences for employers and workers alike. Employers can be fined for knowingly hiring or continuing to employ individuals without valid work authorization, while workers can face deportation and other legal consequences.

It is important for employers and employees in Michigan to be aware of their obligations and rights when it comes to work authorization verification requirements. This knowledge can help ensure that everyone is complying with the law and protecting the rights of all immigrants in the state.

Can State-Level Work Authorization Verification Requirements Vary By Industry Or Sector in Michigan?

Yes, state-level work authorization verification requirements may vary by industry or sector in Michigan. For example, Michigan employers are required to use E-Verify for certain industries, such as construction and home health care, and the Michigan Department of Licensing and Regulatory Affairs has separate requirements for employers in the construction and home health care industries.

Do States Use The Federal E-Verify System For Work Authorization Verification, Or Do They Have Their Own Systems in Michigan?

Michigan does not use the federal E-Verify system for work authorization verification, but it does have its own system called the Michigan New Hire Reporting System. This system requires employers to submit new hire information to the Michigan Department of Treasury in order to verify work authorization.

Are There Exceptions Or Accommodations For Certain Categories Of Workers Under State-Level Work Authorization Verification in Michigan?

Yes, there are exceptions and accommodations for certain categories of workers under state-level work authorization verification in Michigan. The Michigan Department of Licensing and Regulatory Affairs (LARA) has issued guidance stating that employers are not required to reverify the work authorization of an employee who is a U.S. citizen, lawful permanent resident, or citizen of a foreign country with a valid work authorization document. Additionally, certain workers are exempt from state-level work authorization verification requirements, such as those employed by the state or a political subdivision of the state or those employed by Indian tribes recognized by the federal government.

How Do States Balance Work Authorization Verification With Anti-Discrimination Laws And Privacy Concerns in Michigan?

In Michigan, employers must comply with the Immigration Reform and Control Act (IRCA) to verify the work authorization of employees. Employers must use the Form I-9 to verify the identity and work authorization of all new hires. Employers must also maintain a copy of the I-9 on file for all employees.

At the same time, employers must comply with anti-discrimination laws and privacy concerns to ensure that all employees are treated fairly and their personal information is kept secure. In Michigan, the Elliott-Larsen Civil Rights Act prohibits employment discrimination based on race, color, religion, sex, national origin, age, height, weight, marital status, political beliefs, or handicap. In addition, the Michigan Consumer Protection Act requires employers to keep employees’ personal information confidential and secure.

To ensure compliance with both IRCA and state laws, employers in Michigan should have a written Employment Verification policy that outlines their procedures for verifying employees’ work authorization and their commitment to non-discrimination and preserving employee privacy. Employers should also provide training to their staff on these procedures and use a system to track verification of work authorization. Finally, employers should have a system in place to document any complaints of discrimination or concerns about employee privacy that they receive.

Can Employees Appeal Or Challenge A Work Authorization Verification Decision Made By Their Employer Or The State Agency in Michigan?

Yes, employees in Michigan can appeal or challenge a work authorization verification decision made by their employer or the state agency. An employee can file an appeal with the U.S. Department of Justice’s Executive Office for Immigration Review (EOIR). The EOIR will review the case and either uphold the decision or overturn it.

What Resources Or Guidelines Are Available To Employers To Navigate State-Level Work Authorization Verification Requirements in Michigan?

1. Michigan Department of Licensing and Regulatory Affairs: This department offers an online verification system for employers to review the status of any employee’s work authorization.

2. U.S. Citizenship and Immigration Services: This agency offers resources for employers who are looking for more information on hiring and verifying employees’ work eligibility in Michigan.

3. State of Michigan Immigration Law Guide: This guide provides employers with advice on complying with state immigration laws and regulations.

4. Michigan Chamber of Commerce: The Chamber provides a range of services for employers, including information on navigating state-level work authorization verification requirements in Michigan.

5. Michigan Department of Labor and Economic Growth: This department offers a variety of services to assist employers with understanding and complying with the state’s employment laws and regulations, including work authorization requirements.

How Do State-Level Work Authorization Verification Requirements Affect Employers Who Have Remote Or Distributed Workforces in Michigan?

State-level work authorization verification requirements can affect employers who have remote or distributed workforces in Michigan in several ways. Employers must verify the identity and employment authorization of all new employees in Michigan, regardless of whether they are based in-state or outside of Michigan. Employers must also ensure that all employees performing work within the state have the proper authorization to do so. Employers should also ensure that they comply with applicable federal and state laws regarding employment eligibility verification and record keeping. Finally, employers should be aware of any additional state-level requirements such as work authorization licenses, which may be required for certain types of positions in Michigan.

Can States Impose Additional Documentation Requirements Beyond What Federal Law Mandates For Work Authorization Verification in Michigan?

Yes, states can impose additional documentation requirements beyond what federal law mandates for work authorization verification in Michigan. For example, employers may be required to use the Michigan New Hire Reporting Program to screen applicants. Additionally, employers may be required to verify the employment authorization of all new employees hired and update their records with the Michigan New Hire Reporting Program.

How Do State-Level Work Authorization Verification Requirements Interact With Federal I-9 Verification Requirements in Michigan?

In Michigan, state-level work authorization verification requirements interact with federal I-9 verification requirements by supplementing the I-9 form with additional documents to determine an employee’s eligibility for employment. Michigan requires employers to obtain an additional Employment Authorization Document (EAD) for individuals who do not possess a Social Security Number (SSN). This EAD must be attached to the I-9 Form and is used to confirm that the individual is authorized to work in the United States. In addition, employers must also obtain a valid driver’s license or state identification card from the employee as proof of identity. Finally, employers must also maintain records of all documents submitted as part of the I-9 verification process.

Are There Legal Challenges Or Controversies Related To State-Level Work Authorization Verification Laws in Michigan?

Yes, there are legal challenges and controversies related to state-level work authorization verification laws in Michigan. In 2019, the ACLU of Michigan sued the state for requiring employers to use the federal E-Verify system to check the immigration status of potential hires. The lawsuit argued that the law violated employees’ constitutional right to privacy and was pre-empted by the Immigration Reform and Control Act. In addition, immigration rights groups have criticized the law for creating an environment of fear and insecurity among immigrant workers. The Michigan Supreme Court is currently reviewing the case.

Can Employers Face Legal Repercussions If They Incorrectly Verify Or Refuse Employment Based On Work Authorization in Michigan?

Yes. Michigan employers may be subject to civil and criminal penalties for not following the federal and Michigan employment eligibility verification laws. Penalties may include fines, back pay, reinstatement, or other legal action. Employers may also be penalized if they refuse to accept valid documents that verify an employee’s work authorization or if they discriminate against an employee because of their national origin.

How Can Employers Stay Informed About Changes Or Updates To State-Level Work Authorization Verification Requirements in Michigan?

Michigan employers can stay informed about changes or updates to state-level work authorization verification requirements by regularly checking the Michigan Department of Licensing and Regulatory Affairs (LARA) website. This website provides details of new or upcoming legislation, updates to rules and regulations, available resources, and other important information related to work authorization verification requirements in Michigan. Additionally, employers may follow the Michigan Chamber of Commerce for any updates and changes related to employment law in the state.

Where Can Employers And Employees Find Information And Support To Understand And Comply With State-Level Work Authorization Verification Laws in Michigan?

1. Michigan Department of Licensing and Regulatory Affairs: The Michigan Department of Licensing and Regulatory Affairs (LARA) provides information and resources regarding employer compliance with state work authorization laws.

2. Michigan Department of Civil Rights: The Michigan Department of Civil Rights provides information and guidance on employment verification laws in the state, including the Immigration Reform and Control Act of 1986 (IRCA).

3. Michigan Works!: Michigan Works! is a network of public, private, and nonprofit agencies that provide job training, placement, and support services for employers and employees in Michigan.

4. Citizen’s Research Council of Michigan: The Citizen’s Research Council of Michigan provides detailed reports and analysis of state employment law issues, including work authorization verification laws.

5. National Employment Law Project: The National Employment Law Project provides resources and support to help employers understand their legal obligations when verifying work authorization.