There is a bill moving through the Ohio Legislature that selectively enacts a requirement to incorporate the federal E-Verify process into on-boarding new, re-hired, and temporarily laid-off workers. By referring to a “selective” application of the bill, I mean public sector, heavy/highway, and building construction. The bill excludes residential construction and many other industries prone to illegal immigrant hiring.
While those OCA members who engage in federal contracts may be familiar with E-Verify, the majority of members have not gone through e-verification of an individual’s legal status for working in the United States. E-Verify is an extension of the I-9 form of which all employers are familiar. If this bill is ultimately passed by the Legislature and signed into law, Ohio will be added to the list of states that have adopted this mandate; however, with its unique Ohio twists.
A primary and leading proponent of the bill is Affiliated Construction Trades of Ohio (ACT Ohio), a statewide building trades organization focusing primarily on vertical construction. ACT Ohio Director Matt Szollosi testified that construction is “one of the biggest employers of illegal immigrants.” A goal of Matt and the bill sponsors is to discourage the hiring of independent contractors, better known as “1099” individuals. The impression, though admitted by the sponsor as being unproven, is that our industry, through independent contractors, is a haven for these illegal individuals. Other supporters of the bill point to the immigration disaster at the southern border and look to keep Ohio from being a “sanctuary” state.
Of course, the Ohio Contractors Association and our members do not condone hiring illegal immigrants and, due to our predominantly unionized structure, incorporate built-in vetting processes that largely keep undocumented prospective employees at bay. Unfortunately, with the current levels of anti-immigrant fervor and no politician wanting to appear immigrant-friendly, these facts account for little incentive to kill the bill. While OCA objects first to how the bill would be exclusively applied to public-sector heavy/highway and building construction, the Ohio twists I referred to earlier make the implementation of this federal program much more onerous and, in some cases, flat-out non-compliant with federal guidelines. Other language invalidates features of the federal process that would simplify and streamline implementation.
To their credit, the sponsors have made notable modifications to the bill, which is now in its sixth version as it passes out of the House of Representatives. The most notable changes are in the penalty provisions of the bill. Penalties step up in severity while giving a contractor opportunities to “clean up their act” before debarment becomes an issue. However, while this effort is appreciated, it does not address how each of you will effectively incorporate this complex process into your employee on-boarding procedures.
The bill is being voted out of the House on the very day I am penning this commentary. Next will be the Senate. Their consideration will not formally begin until the lame-duck session after the November general election. We will not be resting on this issue in the meantime. In support of our activities, we will be providing you with information that you can discuss with state senators you have relationships with. We are hopeful that, with a reasoned approach of addressing the inequity of the bill and the inconsistencies between Ohio and federal implementation mandates, this bill, in the Ohio Senate, will either be set aside or molded in a fashion that more closely mirrors the features of federal intent.