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

Work authorization verification is the process used to determine if an employee has the legal right to work in the United States. In Washington, employers must verify the work authorization status of each employee before they begin work. This includes confirming an employee’s identity and checking their documentation to ensure that they are eligible to work in the U.S. There are several different methods employers may use to verify an employee’s eligibility to work, including using the federal E-Verify system, reviewing a passport or other government-issued documents, or confirming an individual’s immigration status through the Systematic Alien Verification for Entitlements (SAVE) program. Employers must comply with federal and state laws regarding work authorization verification, and failure to comply can result in civil and criminal penalties.

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

The Washington State Department of Licensing is responsible for overseeing work authorization verification in the state of Washington. Additionally, the Washington State Department of Labor and Industries oversees all labor and employment laws in the state.

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

Work authorization verification requirements at the state level in Washington differ from the federal requirements in a few key ways.

At the federal level, employers must use the Employment Eligibility Verification Form I-9 to verify an employee’s immigration status and identity. However, Washington State requires employers to use an additional form, known as the Washington State Employment Security Department Form OR-Verify, to confirm the employment eligibility of all new hires. The form must be completed within three business days of an employee’s hire date.

In addition, Washington State requires employers to check the U.S. Department of Homeland Security’s E-Verify system to verify an employee’s work authorization status. This must be done within three business days of hire. Employers are also required to retain all I-9 forms and supporting documentation for at least three years after an employee is hired or one year after they leave the job, whichever is later.

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

No, employers are not required to verify the work authorization of all employees in the state of Washington. The Washington State Department of Labor & Industries states that employers do not have to verify an employee’s work authorization unless they are required to by federal law. The Federal Immigration Reform and Control Act (IRCA) mandates employers verify the identity and employment eligibility of all newly hired employees, regardless of citizenship or nationality.

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

The acceptable documents for verifying work authorization under the Washington State law are the same as those listed on the federal I-9 form and include a passport, driver’s license, U.S. birth certificate, permanent resident card, Employment Authorization Document (EAD), foreign passport with a valid visa, or a social security card. Employees may also submit documents from List A, B or C of the I-9 form. List A documents provide evidence that an employee is both authorized for work and has identity documentation. List B documents are used for identity verification only. List C documents are used to prove work authorization.

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

Yes. If an employer in Washington fails to properly comply with the state’s work authorization verification requirements, they may be subject to penalties and fines. These penalties may include civil penalties, criminal penalties, damages, and attorney’s fees. Additionally, employers may be liable for unlawful discrimination.

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

State-level work authorization verification requirements can have significant impacts on employees with different immigration statuses in Washington. These requirements may include documentation such as a valid work permit, Social Security card, driver’s license, or passport. Employees who are not authorized to work in the United States may not have access to any of these documents. Therefore, they are unable to verify their work authorization and are consequently ineligible for employment. This can also disproportionately affect racial and ethnic minorities in Washington, who may already be at a disadvantage when it comes to accessing employment opportunities. Furthermore, the requirement of a valid work permit can be an additional burden for individuals who have pending immigration applications and are waiting for approval. While these verification requirements are meant to protect employers from hiring undocumented workers, they can also create additional hurdles for those who are legally authorized to work in the US.

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

Yes, state-level work authorization verification requirements can vary by industry or sector in Washington. Depending on the type of work being performed, employers in the state may need to use specific forms to document the employee’s authorization to work. For example, employers in certain industries may be required to use the Employment Authorization Document (EAD) form, while employers in other sectors may need to use the I-9 form.

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

Washington does not use the federal E-Verify system for work authorization verification. The state has its own system, called the Washington State Employment Verification System (WA EVS). This system allows employers to verify the employment eligibility of their employees through the Washington State Department of Licensing.

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

Yes, there are exceptions and accommodations for certain categories of workers under state-level work authorization verification in Washington. Exempted categories include: 1) workers employed under the federal H-2A temporary agricultural worker program; 2) workers in the motion picture industry; 3) domestic service employees; 4) casual domestic labor in a private home; 5) independent contractors; 6) volunteers; 7) student interns; 8) certain railroad employees; 9) seasonal workers employed by a ski area operator; 10) certain workers employed by a public institution of higher education; 11) resident camp counselors and assistants; 12) persons employed to transport students to and from school or school-related activities. Additionally, employers may be exempt or partially exempt from using E-Verify if they are a federal contractor with an existing federal contractor E-Verify clause in their contract.

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

In Washington, employers must ensure that they are properly verifying the work authorization of their employees and remaining in compliance with anti-discrimination laws and privacy concerns.

To comply with anti-discrimination laws, employers must not discriminate against employees based on their national origin, race, color, or religion. Employers must also ensure that they are not inquiring into a prospective employee’s immigration status or work authorization unless it is necessary to verify work authorization.

In addition, employers must take steps to protect the privacy of the employee’s information and to ensure that any information collected is securely stored. Employers should also provide employees with information about their rights and obligations under state and federal laws.

Finally, employers in Washington must also be aware of the requirements set forth by the Department of Homeland Security’s E-Verify Program. This program is a free online system that allows employers to electronically verify the employment eligibility of their newly hired employees. Employers who choose to utilize this program must follow the guidelines set forth by the program in order to remain in compliance with state and federal laws.

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

Yes, employees can appeal or challenge a work authorization verification decision made by their employer or the state agency in Washington. Employees can contact the Washington State Human Rights Commission (HRC) to file a complaint. The HRC will investigate the case and decide whether the employer has discriminated against the employee based on their national origin or immigration status. If the HRC finds discrimination occurred, it can award damages and require the employer to change its policies or practices related to work authorization. Employees can also contact an attorney or legal organization for assistance in challenging an employer’s decision.

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

The Washington State Department of Labor & Industries provides resources and guidelines to employers navigating state-level work authorization verification requirements. This includes a comprehensive guide to the Washington State Employment Security Department’s E-Verify program-Washington’s mandatory electronic verification program. Additionally, the U.S. Citizenship and Immigration Services provides resources and information on the E-Verify program, as well as information on I-9 forms, acceptable documents for employment eligibility verification, and other important topics related to work authorization verification. The Washington State Office of the Attorney General also provides guidance on state law related to employment authorization requirements in Washington.

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

State-level work authorization verification requirements for employers with remote or distributed workforces in Washington vary depending on the type of employee they are hiring. Generally, Washington employers must verify the employee’s eligibility to work in the United States by completing a Form I-9, Employment Eligibility Verification. This form can be completed electronically and requires the employee to present certain documents that prove their identity and authorization to work.

Employers should also be aware of other state-specific regulations that may impact remote or distributed workforces in Washington. For example, employers must comply with State Department of Health requirements for criminal background checks for all employees with access to vulnerable populations. Employers may also be required to provide reasonable accommodations for disabled employees, as required by the Washington Law Against Discrimination. Additionally, employers should be aware of state labor laws regarding minimum wage and overtime pay requirements for employees in Washington.

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

Yes, states can impose additional documentation requirements beyond what federal law mandates for work authorization verification in Washington. State laws will vary, so employers should check with applicable state agencies for more information on what documentation is required.

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

In the state of Washington, employers must follow both federal and state-level requirements for verifying workers’ authorization to work in the U.S. Employers must complete the I-9 Form as required by federal law, and verify a worker’s identity and employment authorization through an acceptable document or combination of documents. Additionally, employers must comply with Washington’s state-level requirement to use the federal E-Verify system to check employment eligibility for all new hires, regardless of their citizenship or immigration status.

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

Yes, there are legal challenges and controversies related to state-level work authorization verification laws in Washington. The Washington Supreme Court and the American Civil Liberties Union (ACLU) have challenged the state’s law requiring employers to use the federal E-Verify system to check the work authorization status of prospective employees. The Washington Supreme Court struck down the law, ruling that it was preempted by federal law. The ACLU has contested the law as unconstitutional, arguing that it violates the Fourth Amendment right to privacy. The ACLU has also argued that E-Verify is unreliable and can lead to discrimination against foreign-born workers, among other issues.

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

Yes, employers can face legal repercussions if they incorrectly verify or refuse employment based on work authorization in Washington. Under state law, employers must verify the legal work status of their employees using the federal E-Verify system. Employers must also ensure that they do not discriminate against any employee on the basis of their national origin or citizenship status. Violating this law can lead to financial penalties, such as back pay and damages, and even civil and criminal fines. Additionally, the Washington State Human Rights Commission may take action against an employer who discriminates based on national origin or citizenship status.

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

The Washington State Department of Labor & Industries is the best resource for employers to stay informed about changes or updates to state-level work authorization verification requirements. The Department’s website provides up-to-date guidance and resources on employer requirements for verifying employee work authorization. Additionally, employers may contact their local L&I office with questions regarding work authorization verification requirements.

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

Employers and employees in Washington can find information and support to understand and comply with state-level work authorization verification laws from the Washington Department of Licensing (DOL). The DOL website offers a variety of resources including an employer guide for verifying employment authorization, a list of accepted documents for verifying employment eligibility, and information on E-Verify. Additionally, employers and employees can contact the DOL for additional information or assistance.