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

Work authorization verification is the process of ensuring that a person is legally authorized to work in the U.S. At the state level in Hawaii, employers must verify that anyone they hire is legally authorized to work by using the E-Verify employment eligibility verification program. This includes both U.S. citizens, as well as foreign workers who have valid work permits. Employers must register with the E-Verify program to obtain a unique user identification number and use it to confirm that the potential employee is eligible for employment in Hawaii.

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

The primary state agency responsible for overseeing work authorization verification in Hawaii is the Department of Labor and Industrial Relations (DLIR). The DLIR’s Employment and Training Administration (ETA) has a team of specialists who are responsible for verifying the legal status of workers in the state. They also provide guidance and support to employers and employees regarding employer sanctions, documents, and procedures.

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

In Hawaii, employers must verify authorization to work for all employees, regardless of citizenship or immigration status. This is done through I-9 forms and E-Verify. However, Hawaii has additional requirements for employee work authorization verification that differ from the federal requirements. These include:

• Employers must provide a written notice to each newly hired employee informing them of their right to work in the U.S., the employer’s right to verify work authorization, and the penalties for providing false information during the I-9 process.

• Employers may not discriminate against applicants and employees based on their citizenship or immigration status and must provide equally favorable terms and conditions of employment for all employees, regardless of immigration status.

• Employers must use the E-Verify system to verify an employee’s work authorization for all new hires, as well as any current employees who have been rehired or are being transferred to a new job within the company.

• Employers are required to complete an I-9 form for each new hire within three business days of the date of hire.

• Employers must keep I-9 forms on file for three years after the date of hire or one year after the date of termination, whichever is later.

• Employers must provide documentation upon request by the Department of Labor and Industrial Relations that they are in compliance with Hawaii’s work authorization requirements.

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

Yes. Hawaii employers are required to verify the work authorization of every employee. Employers must complete and retain a signed Hawaii Employment Verification Form (Form WH-381) for each employee hired. Employers must also make sure that each employee has a valid Social Security number or an alien registration number. Employers must also keep records of all documents used to verify work authorization.

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

In Hawaii, acceptable documentation for verifying work authorization under state law includes: a valid driver’s license or state identification card; a valid passport; a permanent resident card (green card); an Employment Authorization Card (EAD); or an I-94 Arrival/Departure Record. Employers may also request a completed Form I-9, Employment Eligibility Verification, along with the required supporting documents.

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

Yes. Employers who fail to comply with Hawaii’s state-level work authorization verification requirements can face civil and criminal penalties. Civil penalties may include fines from $500 to $10,000 per violation, and employers may be required to pay back wages, benefits, and legal fees of the affected employees. Criminal penalties may include jail time for up to one year and fines of up to $25,000.

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

State-level work authorization verification requirements can negatively impact employees with different immigration statuses in Hawaii. For example, Hawaii’s employer sanctions law requires employers to confirm the legal work authorization of employees before they are hired. This means that employers must verify immigration status, and if an employee does not have proper documentation, they may not be able to work in the state. This can have a particularly negative impact on immigrants who do not have legal status in the United States, as they may not be able to find employment in Hawaii due to the state’s verification requirements. Additionally, this law may create an atmosphere of discrimination and fear among immigrant communities, as employees may fear that their immigration status will be revealed during the verification process. Finally, these requirements can also make it difficult for immigrants to access government services or benefits, as they may be unable to prove their legal status to qualify for public assistance.

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

Yes, state-level work authorization verification requirements can vary by industry or sector in Hawaii. For example, the Hawaii Department of Labor and Industrial Relations requires employers to verify the work authorization status of all employees hired on or after July 1, 2015, but exempts certain industries such as agriculture, education, and health care from the requirement.

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

Hawaii does not have its own E-Verify system, but employers must use the federal E-Verify system to verify work authorization.

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

Yes, there are exceptions and accommodations for certain categories of workers under state-level work authorization verification in Hawaii. These include the following:

1. Non-immigrant workers with valid work authorization documents like H-1B visas, L visas, TN visas, and E visas.

2. Applicants who have been granted asylum or special immigrant juvenile status in the U.S.

3. Applicants who are classified as refugees under the Immigration and Nationality Act (INA).

4. Applicants who are citizens of a Compact of Free Association (COFA) country.

5. Applicants who are deemed “lawfully present” under various federal immigration laws, such as those who have Deferred Action for Childhood Arrivals (DACA) status or Temporary Protected Status (TPS).

6. Certain non-immigrant applicants for U nonimmigrant status (U visa holders).

7. Certain applicants for T nonimmigrant status (T visa holders).

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

In Hawaii, employers must abide by the requirements set forth in the state’s anti-discrimination laws when verifying an employee’s work authorization status. Employers may not discriminate against any individual based on their national origin, ancestry, citizenship status, or immigration status. Employers must also ensure that they are not collecting more information than is necessary to verify a person’s identity and work authorization.

In addition, employers must abide by Hawaii’s privacy laws. Employers must keep all records and documents related to a person’s immigration status confidential unless releasing the information is required by law or by a court order. Furthermore, employers must limit their requests for documents to those that are directly related to the job duties being performed.

By following these requirements, employers should be able to balance the need for work authorization verification and protecting employees from discrimination and ensuring their privacy.

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

Yes, employees in Hawaii are allowed to appeal or challenge work authorization verification decisions made by their employer or the State Agency. Employees can file a complaint with the Hawaii Department of Labor and Industrial Relations (DLIR). The DLIR enforces laws regarding employment authorization and employer sanctions. Complaints should include details of the decision that was made and any evidence that can support the employee’s claim. The DLIR will investigate the complaint and take action as necessary.

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

1. Hawaii Department of Labor and Industrial Relations: Hawaii employers can use the website of the Hawaii Department of Labor and Industrial Relations (DLIR) for information on employment laws and regulations in the state. The website includes resources on hiring requirements, wage and hour laws, and other information relevant to employers.

2. Hawaii State Judiciary Website: The Hawaii State Judiciary website provides information on the state’s employment laws, including guidance on how employers should verify the work authorization of potential hires.

3. U.S. Citizenship and Immigration Services (USCIS): USCIS provides resources for employers who need to verify the work authorization status of their employees. This includes an online verification system, Form I-9, and other helpful information.

4. U.S. Department of Justice Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC): OSC is responsible for enforcing federal laws related to work authorization verification. The agency’s website contains guidance on how employers should comply with federal law, including guidance on completing the Form I-9 and avoiding discrimination when verifying work authorization.

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

State-level work authorization verification requirements can affect employers who have remote or distributed workforces in Hawaii in a few ways. First, employers must ensure their remote or distributed workforce is in compliance with all applicable state laws. This includes verifying that each employee has valid Hawaii state work authorization before being offered employment. Additionally, employers may need to review each employee’s immigration status on an annual basis and cannot terminate an employee due to failure to provide proof of work authorization. Employers with remote or distributed workforces may also be required to submit proof of each employee’s work authorization to the state labor department, which will review the documentation and issue an approval letter. Finally, employers must keep up-to-date records of their employees’ work authorization status and should be prepared to show these records if requested by the state labor department.

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

Yes, Hawaii can impose additional documentation requirements beyond what federal law mandates for work authorization verification. For example, employers in Hawaii must also verify a prospective employee’s identity and age through an acceptable document, such as a passport or driver’s license. In addition, employers in Hawaii must provide employees with a written authorization for employment upon hire and must retain a copy of the authorization for three years from the date of hire.

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

In Hawaii, state-level work authorization verification requirements interact with the federal I-9 verification requirements in several ways. First, employers in Hawaii must follow both state and federal laws when verifying an employee’s work authorization. Second, employers must complete the federal I-9 form electronically through the U.S. Citizenship and Immigration Services (USCIS) E-Verify system, and then proceed to verify the employee’s work authorization with the Hawaii Department of Labor & Industrial Relations (DLIR). In addition, Hawaii employers must also retain copies of documents used for work authorization verification, such as passports or driver’s licenses, on file for three years. Lastly, employers in Hawaii must post a notice informing employees that they are protected by the state’s anti-discrimination laws.

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

Yes, there are legal challenges and controversies related to state-level work authorization verification laws in Hawaii. As of 2021, Hawaii is one of the few states which requires employers to verify employment eligibility of any employees they hire. This law has been challenged in court by civil rights organizations, as well as by businesses and employers who feel the law is overly burdensome and discriminates against certain immigrant groups. Additionally, some have argued that the law may lead to racial profiling and discrimination based on national origin. Other legal challenges to the law have focused on its implementation, arguing that it has been administered in a confusing and inconsistent manner.

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

Yes, employers in Hawaii can face legal repercussions if they incorrectly verify or refuse employment based on work authorization. Under Hawaii state law, it is illegal for employers to discriminate against applicants or employees based on national origin, citizenship status, or immigration status. This applies to the hiring process, as well as other terms and conditions of employment. Employers who violate this law can be subject to civil penalties, including damages, fines, and/or injunctive relief.

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

1. Check with the Hawaii Department of Labor and Industrial Relations (DLIR) for any updates or changes to work authorization verification requirements.

2. Sign up for email alerts from the Hawaii Department of Taxation to stay informed of any changes or updates.

3. Monitor local and national media outlets for news related to work authorization verification requirements in Hawaii.

4. Seek advice from an experienced employment and labor law attorney in Hawaii who is familiar with Hawaii’s laws and regulations.

5. Consult with other employers who may have encountered similar issues to stay informed on any changes or updates to state-level work authorization verification requirements in Hawaii.

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

1. Hawaii Department of Labor and Industrial Relations (DLIR): Employers and employees can find detailed information about Hawaii state-level work authorization verification laws on the DLIR website, including information about how to comply with state laws.

2. Hawaii State Judiciary: The Hawaii State Judiciary website provides up-to-date information about the latest work authorization verification laws in Hawaii, as well as links to the appropriate forms and other resources.

3. American Immigration Lawyers Association (AILA): AILA’s Hawaii Chapter provides resources for employers and employees looking to understand and comply with work authorization verification laws in the state. The chapter also offers legal assistance to employers and employees.

4. Hawaii Business Resource Center (HBRC): HBRC provides consultation services to employers on ways to meet their compliance requirements and recommends resources to help them meet their obligations.