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

Work authorization verification is the process of ensuring that employees hired by a company are legally allowed to work in the United States. Verification is accomplished by the employer requesting proof of citizenship or legal residency from applicants. In Kentucky, state law requires employers to verify the legal work status of all new employees, regardless of their citizenship status. Employers are responsible for recording and retaining documents related to the verification process, as well as submitting a signed Employment Verification Form to the Kentucky New Hire Reporting Center.

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

The Kentucky Office of the Inspector General is responsible for overseeing work authorization verification in Kentucky. Additionally, the Kentucky Department of Labor’s Division of Employment Security, Wage and Hour Program, is responsible for ensuring that employers comply with federal regulations related to verifying the employment eligibility of existing and prospective employees.

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

In Kentucky, employers are required to verify that all new employees are authorized to work in the United States pursuant to both federal and state laws. Federal laws, under the Immigration Reform and Control Act of 1986, require employers to complete a Form I-9 for each employee hired after November 6, 1986. This form is used to verify an individual’s identity and authorization to work in the United States.

State-level requirements in Kentucky are similar but do contain some differences. Under Kentucky law, all employers must verify the identity and work authorization status of all employees who were hired on or after January 1, 2008. Additionally, employers must use both the federal Form I-9 as well as the Kentucky Employment Verification Form (KEVF). Employers are responsible for ensuring that all information provided by an employee is correct and valid.

Employers must also keep copies of all forms related to work authorization verification for the duration of the employee’s employment. Failure to comply with both federal and state requirements regarding work authorization verification may result in civil penalties and/or criminal prosecution.

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

No, employers in Kentucky are not required to verify the work authorization of all employees. However, employers must comply with federal requirements for verifying the legal status of newly hired employees.

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

Under Kentucky state law, acceptable forms of documentation for verifying employment eligibility include a driver’s license, passport, Social Security card, and/or a birth certificate. Additionally, employers must obtain documents from the federal I-9 form. This form requires applicants to provide documentation that they are legally authorized to work in the US. Examples of acceptable documents from the I-9 form include a US passport, Permanent Resident Card, Employment Authorization Card, or US birth certificate.

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

Yes, there are penalties for employers who fail to comply with state-level work authorization verification requirements in Kentucky. Employers who do not comply with state law may be subject to civil penalties of up to $1,000 per violation, plus attorney’s fees and costs. Employers may also be subject to criminal penalties of up to $500 per violation. In addition, employers who are found to have violated state law may be subject to suspension or revocation of their license or other government-issued permits.

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

State-level work authorization verification requirements in Kentucky can have different impacts on non-citizen employees, depending on their immigration status. For example, employers are required to verify the work authorization of all new hires within three days of hire using the federal E-Verify system. This requirement applies to all employees, regardless of their immigration status, and this includes both citizens and non-citizens. However, for non-citizen employees with certain immigration statuses, such as those with temporary work visas, this requirement can be especially burdensome since they must apply for a separate authorization number from USCIS in order to be successfully verified. This can create an additional layer of paperwork for these employees and can delay the hiring process significantly.

Additionally, employers in Kentucky are prohibited from hiring or continuing to employ any person who is not authorized to work in the United States. This means that employers must terminate the employment of any employee who is unable to provide proper work authorization documentation upon request. For non-citizen employees with certain immigration statuses, such as those with Temporary Protected Status (TPS) or Deferred Action for Childhood Arrivals (DACA), this could mean that their employment could be terminated if they are unable to provide proof of their work authorization.

Overall, state-level work authorization verification requirements in Kentucky can have different impacts on employees with different immigration statuses. In some cases, such as those with temporary work visas, these requirements can create additional paperwork burdens and delays in the hiring process. In other cases, such as those with TPS or DACA, these requirements can lead to potential termination of employment if proof of work authorization is not provided.

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

Yes, they can vary by industry and sector in Kentucky. The individual requirements vary depending on the type of industry or sector, so employers should contact their local state agency for specific regulations and requirements that may apply.

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

Kentucky does not have its own system for work authorization verification. Instead, employers in the state are required to use the federal E-Verify system.

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

Yes, certain categories of workers in Kentucky are exempt from state-level work authorization verification, including those who are age 18 or older and are employed by agricultural labor contractors or farm labor contractors; those employed by certain organizations of a religious character; those employed in certain family-owned businesses; those employed in domestic service; and those employed in certain occupations specified by the Kentucky Workforce Cabinet. Additionally, employers may provide reasonable accommodations for workers who provide valid work authorization but have difficulty providing acceptable documents due to religious beliefs or practices that may conflict with the list of accepted documents.

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

In Kentucky, employers are required to use the federal E-Verify system to verify the work authorization of all new employees. The E-Verify system is used to compare the employee’s I-9 documentation to existing records from the US Citizenship and Immigration Services (USCIS) and Social Security Administration (SSA). Employers must also ensure that they do not use the system to discriminate against prospective employees on the basis of their race, color, religion, sex, national origin, age, disability, or veteran status.

To protect the privacy of employees, employers must also make sure that any data collected through the E-Verify system is only used for the purpose of verifying work authorization and is not shared with other entities. Additionally, employers should ensure that they are properly trained in using the E-Verify system and have adequate security measures in place to protect employee data. Furthermore, employers should create policies related to E-Verify usage that are in line with federal regulations and anti-discrimination laws.

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

Yes. Employees in Kentucky have the right to appeal or challenge a work authorization verification decision made by their employer or the state agency. According to the Kentucky Department of Labor, employers must notify an employee of their right to appeal or challenge a work authorization verification decision within ten days of receiving the notice of non-confirmation from the Department of Homeland Security (DHS). The employee may then file a written appeal within 20 days of receiving the notice to contest the DHS decision. The employer must also provide information on how to file an appeal and contact information for DHS.

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

1. Kentucky Work Authorization Verification Law: The Kentucky Work Authorization Verification Law (KWAV) requires employers to verify the work authorization of all new employees hired in the state. The law also requires employers to use the federal E-Verify system when verifying a new employee’s work authorization.

2. Kentucky State Department of Labor & Employment: The Kentucky State Department of Labor & Employment offers detailed guidance on the KWAV law, including a step-by-step guide for employers and information on the penalties for noncompliance.

3. US Citizenship and Immigration Services (USCIS): USCIS provides detailed information on using E-Verify to confirm work authorization for all employers, including those in Kentucky. This includes an interactive tutorial to help employers understand how to use the system and a detailed user manual.

4. Kentucky Chamber of Commerce: The Kentucky Chamber of Commerce offers a variety of resources to help employers understand and comply with the KWAV law, including a webinar on the law’s requirements, a downloadable employer guide, and answers to frequently asked questions.

5. Legal Assistance: Employers who need assistance understanding and complying with the KWAV law should contact an employment lawyer or consult with their state’s Department of Labor & Employment.

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

State-level work authorization verification requirements, such as the Kentucky Employer Immigration Compliance Act (KEICA), can significantly impact employers who have distributed or remote workforces in Kentucky. These laws require employers to verify that their employees have the necessary legal authorization to work in the United States. This applies to all hiring decisions, including those for employees who will be working remotely in Kentucky. Employers should develop and implement an internal program for verifying the work authorization of employees, or risk facing fines and other penalties. Employers must also ensure that they are regularly monitoring their compliance with KEICA, including any changes to the law on the state or federal level.

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

Yes, states can impose additional documentation requirements beyond what federal law mandates for work authorization verification in Kentucky. For example, Kentucky requires employers to review additional identity and employment authorization documents, such as a valid Social Security card, driver’s license, or other state-issued identification. Employers must also complete a Kentucky Employment Authorization Verification (KEAV) form and submit it to the Kentucky Department of Labor before hiring a foreign worker.

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

In Kentucky, state-level work authorization verification requirements complement and are generally consistent with federal I-9 verification requirements. All employers in Kentucky are required to complete the federal I-9 form and verify the identity and employment eligibility of each employee hired after November 6, 1986. Additionally, the Kentucky Department of Workforce Investment requires all employers to use work authorization verification systems (WAVE) to confirm that individuals are authorized to work in the United States. Employers must register to use WAVE, which includes providing the names of all employees who require work authorization verification. Employers must also request verification for all new hires prior to their first day of work and upon the expiration of their current work authorization documents.

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

There are some legal challenges and controversies related to the state-level work authorization verification laws in Kentucky. The main controversy regarding the laws is that they may have a disproportionate impact on certain racial and ethnic groups. Additionally, there are concerns that the laws could be used to unfairly target undocumented immigrants, even though the laws are designed to protect the rights of all employees. Furthermore, there have been legal challenges to the state-level laws on the grounds that they conflict with federal immigration law. Finally, some opponents of the laws have argued that they are burdensome and costly for employers.

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

Yes, employers can face legal repercussions if they incorrectly verify or refuse employment based on work authorization in Kentucky. The Kentucky Civil Rights Act (KCRA) prohibits employers from discriminating against individuals based on their national origin or immigration status. It is illegal for an employer to ask for more or different documents than necessary to verify identity and eligibility, reject reasonably genuine looking documents, or specify certain documents over others. Employers who violate the KCRA may be subject to fines up to $2,000 for each violation. Additionally, employers who are found guilty of discriminating against someone based on their national origin or immigration status may be liable for damages in a civil lawsuit.

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

The Kentucky Office of Employment and Training (OET) is the primary source of information regarding changes or updates to state-level work authorization verification requirements. Employers should check the OET website regularly for updates. Additionally, employers may contact the Kentucky Business One Stop for more specific information regarding the requirements. For general information and guidance, employers can also reach out to their state’s Chamber of Commerce or the Kentucky Employers Association.

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

Businesses and employees seeking information and support to understand and comply with Kentucky state-level work authorization verification laws may do so through the Kentucky Department of Labor or the U.S. Citizenship and Immigration Services (USCIS). The Kentucky Department of Labor has information specific to the state’s laws on employment eligibility verification on its website. Additionally, the USCIS website provides resources on work authorization verification laws at the federal level.