The Atlanta Journal-Constitution recently reported on an unintended exclusion contained in the 2011 E-Verify Law for contractors of small public owners (called “public employers”). Those interviewed by the AJC, including a state legislator and representatives of the Georgia Municipal Association, believe that the law was not intended to exclude contractors of small public employers.
The law excludes public employers with less than two employees. It defines “public employer” to include departments, agencies, or instrumentalities of the state or political subdivisions with more than one employee. Further, the law applies to “contractors,” which includes any person or entity that enters into a contract for physical performance of services with a public employer. Based on the exclusion of small public employers, arguably contractors of such small public employers would also be excluded from the law.
According to state Rep. Matt Ramsey (R), “all contractors doing work on government projects in Georgia should be using E-Verify.” He has indicated an intent to change the law.
See “E-Verify Law’s Unintended Effect,” Atlanta Journal-Constitution, June 24, 2012.