Illinois Governor J.B. Pritzker recently signed Illinois Senate Bill 0508 into law. This new law amends the already existing E-Verify law by adding protection for employees experiencing negative results from E-Verify.
The new requirements go into effect on January 1, 2025, but employers should expect some clarification surrounding the process from the Illinois Department of Labor, (IDOL), prior to that date. The law states that it does not require any employer to enroll in any electronic verification system, including E-Verify, but also contains some confusing language that appears to limit usage in the state by saying “an employer shall not impose work authorization verification or re-verification requirements greater than those required by federal law.” This wording will likely be officially clarified before the effective date, as the intent is to allow voluntary participation while adding specific guardrails.
While the law restates some previous E-Verify requirements, such as not taking adverse employment action based on a notification of discrepancy alone, it adds provisions for notifications to employees in the event the employer receives a “Notice of Inspection.” A new template for a posting providing the required information is currently in development at the IDOL.
Additionally, employers are now required to provide notice to employees within a specified timeline when discrepancies are identified. Employers must provide notice within a specified timeline of 5-7 working days depending on the nature of the discrepancy.
There are penalties associated with violating this act, and if such a violation is deemed to include intent, penalties can range from $2,000-$5,000 for a first offense.
We expect clarification on the poorly worded sections of the amendment as well as possible legal challenges for any E-Verify infringements prior to the effective date of January 1. Stay tuned for updates on this situation.
