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Summary of differences between federal and state regulations
Federal contractors who receive qualifying contracts must participate in the E-Verify Program, using it to verify new employees and existing employees assigned to a federal contract (qualifying federal contractors may choose to verify the entire workforce). Employers without federal contracts are not required by federal law to use E-Verify, but they may be required to do so by state law.
Under the Tennessee Lawful Employment Act (TLEA), private employers with 35 or more full-time equivalent employees are required to use the federal E-Verify employment verification process. This applies to employees working in Tennesee or outside the state.
Private employers with fewer than 35 full-time equivalent employees may choose to:
- Use E-Verify for newly hired employees or
- Request and maintain documents that are on the list of TLEA's authorized identity and employment eligibility documents.
The law also covers non-employees, defined as individuals who, while not employed directly, are paid directly by the employer for labor or services. Companies in Tennessee must request and maintain copies of certain identity and work authorization documents for non-employees unless an exception applies.
Newly hired employees and non-employees are required to provide one of the following identity and employment authorization documents prior to performing work:
- A valid Tennessee driver's license or photo identification;
- A valid driver's license or photo identification from another state where the license requirements are at least as strict as those in Tennessee;
- A birth certificate issued by a U.S. state, jurisdiction or territory;
- A U.S. government issued certified birth certificate;
- A valid, unexpired U.S. passport;
- A U.S. certificate of birth abroad (DS-1350 or FS-545);
- A report of birth abroad of a U.S. citizen (FS-240);
- A certificate of citizenship (N560 or N561);
- A certificate of naturalization (N550, N570 or N578);
- A U.S. citizen identification card (I-197 or I-179);
- Valid alien registration documentation or other proof of current immigration registration recognized by the United States department of homeland security that contains the individual’s complete legal name and current alien admission number or alien file number (or numbers if the individual has more than one number)