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Nanny Employment Eligibility Update: Legal Arizona Workers Act of 2007 Upheld

Posted by Kathy Webb on 6/15/11 7:59 AM

The Legal Arizona Workers Act of 2007 requires that Arizona employers comply with the Federal Form I-9 regulations, or face state civil sanctions and/or criminal charges. Federal law already imposes the I-9 regulations on ALL US employers - this law adds the ability of the State of Arizona to utilize the application of state sanctions to further encourage compliance.

The Arizona law provides "every employer, after hiring an employee, shall verify the employment eligibility of the employee’ by using E-Verify." The use of E-Verify "creates a rebuttable presumption that an employer did not knowingly employ an unauthorized alien."

The Legal Arizona Workers Act was challenged in the courts by the Chamber of Commerce. The US Supreme Court has upheld the law in its entirety.

HomeWork Solutions provides payroll and payroll tax services for families who employ a nanny, housekeeper, elder caregiver, maid, or other household workers. HomeWork Solutions (HWS) will facilitate the e-Verify compliance for its clients for a modest administrative fee. It is VERY important to notify HWS immediately upon hire, as Federal regulations establish strict rules that require the immediate verification of newly hired workers - we cannot process e-Verify confirmations after the first week of work.

E-Verify Self CheckNannies and other household workers in Arizona and a handful of other states including Virginia and the District of Columbia may use e-Verify Self Check to confirm their work eligibility before they apply for a job. Self-Check does NOT relieve the employer of the obligation to comply with I-9, and in the case of Arizona employers e-Verify regulations, but it does assure the applicant that they will not experience difficulties when the new employer does run the e-Verify checks.

The HomeWork Solutions' FAQ provides household employers with more information about US work authorization and the I-9 process.

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Topics: nanny e-verify, nanny employment practices

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