Are employees hired on or before November 6, 1986, exempt from the FAR E-Verify clause?
Yes. Employees hired on or before November 6, 1986, and still in continuous employment, cannot be verified in E-Verify. The Immigration Reform and Control Act of 1986 (IRCA) does not allow employers to complete Forms I-9 for these employees. As a result, the FAR also excludes employees hired on or before November 6, 1986. Form I-9, Employment Eligibility Verification, is the basis for E-Verify. Since Form I-9 cannot be completed for these employees, you cannot perform an E-Verify query on these employees.
- Can a vendor or subcontractor limit its participation in E-Verify to its newly hired employees who will work on the state contract?
- What if a Designated Agent receives a contract with the FAR E-Verify clause? How would a Designated Agent verify its own employees?
- Do accountants (exempt employees) working tax season hours get paid for overtime?