BONUS INFO! WSB TV news video on Smyrna fire station construction included in education!
Fact: “Independent contractors” – known as non-employees or “1099 workers” are not employees and do not complete an I-9 hiring form when hired and cannot legally be run through E-Verify.
It has come to our attention that at least one mayor in Cobb doesn’t understand E-Verify or the ins and outs of how contractors get away with using black-market labor on county jobs.
All systems normal.
E-Verify, which has an official Website, is a no-cost, mostly voluntary, internet based system of verifying work eligibility of newly hired employees. Key word: EMPLOYEES. Once the employer is authorized to use the E-Verify program he must verify every newly hired employee going forward. He may not pick and choose which employee is to be checked. He must check all new hires. He may not use E-Verify as a screening device before employment.
Georgia state law has required public employers and their contractors to use E-Verify since passage of the Georgia Security and Immigration Compliance Act of 2006. That law went into effect July 1, 2007. Thank you, my friend, for your courage and leadership former state Senator Chip Rogers.
This was done despite the objections of the Association County Commissioners of Georgia (ACCG) and the Georgia Municipal Association (GMA) and many other “business groups.”
Except on some federal contracts, the employer may not use E-Verify to check employees’ hired before he was authorized to use the E-Verify system. Again, on the local level, it is only for newly hired employees from date of authorization to use the program.
Each E-Verify user is assigned a unique user number by the U.S. Citizenship and Immigration Service (USCIS) and is obligated to sign an agreement recognizing the limits and responsibilities of being an E-Verify user.
Through use of stolen or forged ID documents an illegal alien can escape detection from E-Verify. Not so for another federal program called IMAGE, which audits the hiring records and ID documents of the employers’ entire workforce. IMAGE can detect stolen Social Security Numbers.
In 2011, the Georgia Chamber of Commerce fought hard - along with the Ag industry, the ACLU, Jerry Gonzalez, various La Raza network groups and the hotel/restaurant industry lobbyists - to try to stop passage of HB 87 – the Georgia Illegal Immigration Reform and Enforcement Act (thanks to my friend state Rep Matt Ramsey). This law, among other important things, expanded the mandate to use E-Verify to private employers with more than 10 employees. Note the word “employees.”
So…how did some of the contractors who built the Cobb County Courthouse – among other documented projects, including at least one Cobb school and recently completed Fire Station in Smyrna – almost get away with using illegal workers?
While Americans who paid the SPLOST to “create the jobs” stood in the unemployment line?
While we pay for the expense of the education and health care of the illegal aliens and their children?
They use illegal workers by hiring them not as “employees” but as “independent contractors” also known as “non-employee workers’ or “1099” workers, after the IRS form they should get at the end of the year.
Often, we see “independent contractors” referred to as “consultants” used as laborers to do construction work. This is an intentional misclassification of labor to avoid labor laws, worker benefits, taxes… and use of E-Verify.
The U.S. Labor Department is planning a study to determine how much workers understand about their own job classification and rights. The U.S. Government Accountability Office estimates more than $2.7 billion in Social Security, unemployment insurance and income tax is lost per year due to misclassification of workers.
VIDEO HERE! Many news reports have been done around the nation with this information. Most recently in Atlanta, by WSB-TV focused on Fire House # 5 in the city of Smyrna, in Cobb County Georgia.
You can get a good idea of what you aren’t being told by your county government by watching the WSB TV Feb 25, 2013 video on the Smyrna fire house construction scandal.
You may want to send this to some of your county commissioners and city government officials.
Note: In addition to educating readers, including mayors in Cobb County, one goal of this write-up is to dare the Cobb legal department to claim – again - that they have a tool in in place for solving this E-Verify dodge. Or that current state law requires the contractors at any level to notify the county, or any other public employer, of any 1099 workers on public jobs. Or to identify those workers to the county.