South Carolina’s Verification Rules for Private Employers Take Effect July 1

Last summer, South Carolina Governor Mark Sanford signed legislation that requires private employers to verify the employment eligibility of new employees. On July 1, 2009, these rules will take effect for private employers with 100 or more employees.

Under the new verification laws, employers that are required by federal law to complete and maintain federal employment eligibility forms or documents (Form I-9s) have two options. First, they can use the E-verify federal work authorization program to verify all new employees’ information and work authorizations within five business days of their hire. E-Verify is a free online federal system that allows employers to electronically compare employee information taken from a Form I-9 against the records in the databases of the Department of Homeland Security and the Social Security Administration.

The second option for employers is to employ only workers who, at the time of employment, either:

• possess a valid South Carolina driver’s license or DMV-issued identification card;
• are eligible to obtain a South Carolina driver’s license or identification card; or
• posses a valid driver’s license or identification card from another state if the other state’s license requirements are at least as strict as South Carolina’s requirements (which is determined by the executive director of the DMV or his designee).

On July 1, 2010, these verification requirements will apply to all private employers, including those that employ fewer than 100 employees.

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